BHAKUA KAMPA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Bhakua (appellant No. 1), Brahma (appellant No. 2), Suguda (informant) and Parama (deceased) are brothers. They lived separately. Makaranda (appellant No. 3) and Bhaskar (appellant No. 4) are sons of Bhakua. The appellants assail their conviction for the offence under Section 302 read with Section 14 I.P.C. for having committed murder of Parama in furtherance of their common intention. Each of them has been sentenced to undergo imprisonment for life for the aforesaid offence.

(2.) Prosecution story in brief is that on 12-7-86 at about 3 P.M. the four appellants cut the embankment of the water reservoir at different places, as a result of which the water of the reservoir passed on to the adjoining field of Parama and thereby damaged small paddy plants thereon. Parama arrived there and protested. The appellants did not pay any heed and on the other hand threatened Parama with assault. Sumati (P.W. 1) the daughter of Parama arrived there and pleaded with the appellants not to assault her father. The appellants did not pay any heed and appellant Bhakua dealt a blow by means of a tabli on the head of Parama, as a result of which he fell down. Thereafter, appellant Makaranda by means of the Tangia he held, gave a blow on the neck of Parama, and the other two appellants Bhaskar and Brahma each dealt one Tangia blow on the left leg of Parama. After assaulting in this manner. the appellants left the place declaring Parama dead. After their departure, Sumati, her brother Birendra (P.W. 4) and informant Suguda, went near the place where Parama was lying and some water was given to his mouth, but he was by then dead.

(3.) The appellants took the plea of denial. Appellant Bhakua stated that at the spot there was quarrel between him and Parama and in course of the same, Parama-gave a blow by means of Tangia on his left thigh and thereafter he came away to his house.