D.G.R.PATNAIK, J. - (1.) THIS appeal is directed against the judgment and order of conviction and sentence passed by the trial Court in S.T. No. 274 of 1990 by which the appellant has been convicted under Section 302, IPC and sentenced to undergo imprisonment for life, and also convicted under Section 307, IPC and sentenced to undergo imprisonment for five years. In addition, he was also convicted under Section 326, IPC and sentenced to undergo imprisonment for three years and also convicted under Sections 324 and 352 and sentenced to undergo imprisonment of one year for each offence. The case relates to the murder of one Renu Bala Dey (or Renuka Bala Dey) and also to the injuries caused to other members of the family of the deceased, including Subhashish Dey (PW 2), Puranjay Dey (PW 1), Subhra Kumari Dey (sister) (PW 13), and Asha Bala Modi. The case was registered on the basis of the information lodged by the informant Subhashish Dey (PW 2).
(2.) BRIEF facts of the case is that on the evening of 6.10.1995 at about 9.00 p.m. the informant PW 2, returned home and found his father Puranjay Dey PW 1. mother (deceased), sister (PW 13) and grandmother Asha Bala Modi sitting in the Courtyard of his house and were gossiping. At that time, the appellant along with one accused Bhuwan Modi, another unknown person armed with a Bhujali entered into the Courtyard of the house. The appellant Arup Modi gave a blow on the neck of the PW 1 Puranjay Dey with bhujali as a result of which the victim sustained injuries and fell down on the ground. Repeated blows with bhujali were dealt on the victim by the appellant even after the victim had fallen down. When the informant (PW 2) tried to intervene, he was also assaulted with bhujali by the co -accused Bhuwan Modi compelling the informant to run away in fear of his life. On alarms raised by the informant, co -villagers namely PW 6 Kanti Shatrudhar, PW 11 Nav Kumar Gorain, PW 4 Bhuyan Gorain, PW 5 Alok Sheel, PW 10 Shyamal Gorai, PW 3 Kripa Gorai arrived along with whom the informant entered into the courtyard, but by then the assailants had made good their escape through the backdoor of the house. The informant, his mother, father, sister and grand mother were all in precariously injured condition. The injured victims were taken on a bullock cart to the nearby Siuri Hospital. On the way, the informants mother Renu Bala Dey succumbed to her injuries. The three other injured persons were admitted to Siuri Sadar Hospital where they were provided medical treatment for their injuries. The dead body of the deceased after preparation of inquest was sent for post mortem examination. On the basis of the information forwarded by the ward master of the hospital to the nearest police station, a UD case was initially registered in respect of the death of Renu Bala Dey. Meanwhile, on receipt of information regarding the violence and the fact that the injured were admitted to hospital, the officer incharge of the police station Tongra (PW 18) visited the hospital where he recorded the ftirdbeyan of the informant PW 2 Subhashish Dey and on the basis of which the case was registered against the accused persons. All together 18 witnesses were examined by the prosecution at the trial. The witnesses include PW 2, the informant, and other two injured victims i.e. PWs. 1 and 13, co -villagers of the informant namely PW 3 Kripa Gorai, PW 4 Bhuvan Gorai, PW 5 Alok Sheel and PW 6 Kanti Shutradhar. The doctor who conducted post -mortem examination on the dead body of the deceased Renu Bala Dey was examined as PW 16. It may be noted that besides the present appellant herein, two more accused persons namely Nava Kumar Modi and Balram Modi alias Balai Modi were also put on trial for the same offences namely under Sections 452, 307, 326, 324 and 302 of the Indian Penal Code.
(3.) ON consideration of the evidences of the prosecution witnesses, the trial Court recorded its finding of guilt against the appellant and convicted him for the offences, for which he was put on trial. However, on finding the evidence deficient against the two above named co -accused persons, the trial Court acquitted them. In recording the finding of guilt for the above mentioned offences against the appellant, the trial Court has relied on the evidence, particularly of the injured victims namely PW 1 Puranjay Dey, and PW 13, Shubhra Dey, besides the evidence of the informant (PW 2) and has found support of the evidence of these witnesses from the statements of the co -villagers namely PWs. 3, 4, 5, 6, 11 and 14 and also from the evidence of the doctor (PW 16) and the post mortem report recorded by him.;