SAMA @ Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) SAMA @ Syamasundar Pradhan @ Chhota and Ladu Pradhan faced trial for commission of offences under Sections 302/34 I.P.C in S.C No. 24/96 in the court of the learned 1st Addl. Sessions Judge, Berhampur. Similarly Ujala Pradhan and Sima @ Simanchal Pradhan faced trial in S.C No. 31 of 96 for commission of same offences in the same court. There was a common trial of both the cases and by a common judgment the said court convicted Appellant Sama @ Syamasundar Pradhan @ Chhota under Section 302 of I.P.C and sentenced him to undergo R.I for life and acquitted others. The said order of conviction and sentence is assailed in Jail Criminal Appeal No. 201 of 1999. Similarly the order of acquittal is assailed by the State in Government Criminal Appeal No. 12 of 2002. As both the appeals involve same facts and points of law and arise out of one incident, the same are heard together with consent of Learned Counsel for the parties.

(2.) THE criminal action was set to motion on the basis of an F.I.R lodged by P. Ws.1 and 12 before the Officer -in -Charge, Pattapur Police Station. It was alleged that on 08.10.1995 at about 9.00 P.M, P.W. 1 -informant was sitting on the verandah in front of his house. He heard somebody abusing his father on the road. He went near the shop of one Bhalu Sahu to verify and find out the man who was abusing his father. He found that Ujala Pradhan, the elder brother of his father was abusing his father. He protested and went near Ujala Pradhan. Seeing him Ujala Pradhan called for his two sons i.e. accused Sima @ Simanchal Pradhan and Sama @ Syamasundar Pradhan @ Chhota. Noticing them and out of fear, the informant returned back to his house. While matter stood thus, his father Saiba Pradhan, hearing the noise went to the spot. Seeing him, accused Ujala Pradhan and Sima @ Simanchal Pradhan caught hold him and Ladu Pradhan instigated others to kill him. Sama @ Syamasundar Pradhan @ Chhota on being instigated by Ladu Pradhan dealt a 'Kuradhi' blow aiming at the head of Saiba Pradhan, the father of the informant. After receiving the blow Saiba fell down and died within no time. In the F.I.R, it was further averred that as there was rain and storm, the informants could not report the matter to the Police Station on the same night, which is situated at a distance of about 15 KMs., and on the next day i.e. on 09.10.1995, in the early morning, he reported the matter. The Investigating Officer reduced the report into writing and treated the same as an F.I.R. After registering a P.S Case the Investigating Officer proceeded to the spot, made inquest over the dead body, which had been shifted to verandah of the house of the deceased, sent the dead body for postmortem. Thereafter he prepared the spot map and sent Jhunu Pradhan, the daughter of the deceased for medical examination to Pattapur P.H.C as she had sustained some injuries when she tried to rescue her father from the 'Kuradhi' blow, examined witnesses, arrested the accused persons who made disclosure statement with regard to weapon of offence, seized the weapon of offence in presence of the witnesses, completed the investigation and submitted charge sheet in the court of learned J.M.F.C., Aska in G.R Case No. 244/95.

(3.) THE plea taken by the accused persons was of completely denial. According to them a false case had been foisted out of enmity taking advantage of the death of Saiba caused by some unknown persons. Accused Sama @ Syamasundar Pradhan @ Chhota took the plea that he is a polio patient and a lame man and was unable to raise the 'Kuradhi' and has been falsely entangled in the case.