JUDGMENT

J.K. Mohanthy, J. Appellant hasant Singh has been convicted under Section 302 IPC for committing murder of one Balunki Behera. The appellant along with twelve others was tried in the court of the Additional Sessions Judge, Bhubaneswar. The appellant and one Rohita Singh (since acquitted) were charged under Section 302 IPC. They were further charged under Sections 147, 302 read with 149, and 323 IPC. The other accused persons were charged under sections 1047, 302/149 and 323 I.P.C. Except the appellant, all the other accused persons have been acquitted.

2. Prosecution case in short is that there are two villages, namely, Janla and Harapur within the jurisdiction of Jatni Police-station in the district of Puri. There is another village, namely, Chandihata in between these two villages. There is a tank called Sunagadi situated near village Harapur. In the year 1956, this tank had been transferred to Janla grama panchayat. The tank was put to auction for the year 1978-79 and Bairagi Parida (P.W. 2) of village Janla being the highest bidder, was given lease to catch fish from the tank. It is alleged that on 23.3.1979 at about 8.30 a.m. the villagers of Janla numbering about 30