IN RE: JOGALI BHAIGO NAIKS Vs. STATE

JUDGEMENT

(1.) The 1 appellant in this case has been convicted under Secs.114 & 304, Indian Penal Code, and sentenced to three years rigororous imprisonment and the 2nd appellant has been convicted under Section 304, Indian Penal Code, and sentenced to five years rigorous imprisonment, by the Sessions Judge of Ganjam.

(2.) The case for the prosecution is that there was a dispute about a plot of land between two castes, the prosecution party called Sioloes and the appellant's party called the Bavuries. The accused's party informed the Magistrate about this and the Magistrate promised to go to the village, make inquiries and pass orders. On the day of the occurrence, the deceased went to the plot in front of the house of Sioloes and planted posts for the purpose of putting up sheds. This was objested to by the appellant's party in consequence of which there was a fight.

(3.) The evidence on the side of the prosecution shows that the deceased was stabbed by the 2nd accused and he was also beaten by three other persons who were acquitted in the lower Court. Apart from the evidence of prosecution witnesses NOs. 2, 5 and 6, who are Sioloes, we have the evidence of P. Ws. Nos. 7 and 8, Brahmins who speak to the occurrence. They say that the deceased was planting posts and the 2nd appellant wanted to uproot one, in consequence of which there was a tussle and the 1 appellant told the 2nd appellant to bring a knife and stabbed the deceased. Before he was stabbed it is said that he took a stick and beat Accused Nos. 2, 4 and 5. It is clear from the evidence that there was a fight and the wound certificates, Exs. J, J1 and J2, show that the 2nd appellant and two other persons who were Accused Nos. 4, and 5 in the lower Court were severely injured. The 5 accused had at least two incised wounds, evidently caused by a sharp cutting instrument.