CHAIRMAN @ NIRANJAN SAHOO & ANOTHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and order dated 05.11.1996 passed by the 1st Additional Sessions Judge, Cuttack in S.T. Case No. 364 of 1995 convicting appellant no. 1 -Chairman @ Niranjan Sahoo under Section of the I.P.C. and sentencing him to undergo imprisonment for life and convicting appellant no. -2 Chandal @ Manoranjan Sahoo under Section of the I.P.C. and sentencing him to undergo imprisonment for the period which he was already in custody during trial.

(2.) THE appellants along with their mother, Satyabhama Sahoo faced the session trial. Shown of unnecessary details, the prosecution case is that on 08.11.1994 at about 7.00 P.M. to 8.00 P.M. a co -villager, namely, Adaitya Sahoo was talking with deceased -Doli Dei, her daughters and son. At that time accused -Satyabhama Sahoo (Already acquitted by the trial Court), who is the wife of brother of the husband of the deceased and adjoining neighbour, called Adaitya Sahoo. Since Adaitya Sahoo did not respond to the call of Satyabhama Sahoo, the accused persons started abusing him and also the family members of the deceased in obscene language. At that time, P.W. 6 -Biranchi Sahoo came from outside and hearing the abuses went to the roof of his house since the accused persons were abusing from their adjoining roof. Appellant -Manoranjan Sahoo then gave a push to P.W. 6, who fell down from the roof and sustained injuries. Then his mother (deceased) went to the roof and raised protest as to why the accused persons pushed P.W. 6 whereupon accused -Satyabhama handed over a Katari to appellant -Niranjan Sahoo instigating him to finish the deceased. Accordingly, accused -Niranjan Sahoo dealt a Katari blow on the head of the deceased, who sustained severe bleeding injury and fell down. Then the daughters and other son of the deceased, brought her from roof to the ground and then shifted her and P.W. 6 Judum (Zilinda) Hospital, where the doctor gave them initial treatment and referred to S.C.B. Medical College and Hospital. The deceased was taken to the S.C.B. Medical College and Hospital and while undergoing treatment she succumbed to the injuries on 11.11.1994. On her death, P.W. 10 came to the village and reported the matter to the police whereupon investigation was taken up. On the report of the doctor of S.C.B. Medical College and Hospital, A.S.I. of Mangalabag Police Station registered U.P. Case No. 528 of 1994, held inquest over the dead body and sent it for post mortem examination. Thereafter, having received intimation from the O.I.C., Narasinghpur Police Station he sent original documents to him. In course of investigation the I.O. examined witnesses, effected seizure of different incriminating materials including the weapon of offence, i.e., Katari and on completion of investigation submitted charge -sheet against the accused persons.

(3.) IN order to prove the charges against the accused persons, the prosecution examined 17 witnesses in all. P.Ws. 1, 2, 3 and 4 are seizure witnesses. P.W. 5 is a post occurrence witness. P.W. 6 is an injured witness. P.Ws. 7 and 8 are the daughters of the deceased. P.W. 10 is the other son of the deceased, who is an eyewitness to the occurrence. P.W. 10 also lodged the F.I.R. P.W. 9 is the husband of the deceased and a post occurrence witness. P.W. 11 is also a post occurrence witness. P.Ws. 12 and 13 are respectively the Amin and the Scientific Officer, who visited the spot. P.W. 14 is the doctor of Judum (Zilinda) Hospital, who initially treated the deceased and P.W. 6. P.W. 16 is the doctor, who conducted post mortem examination over the dead body of the deceased. P.Ws. 15 and 17 are the Investigating Officers.