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2002 Supreme(Ori) 724
IN THE HIGH COURT OF ORISSA
P.K. Misra, B. Panigrahi, JJ.
PARSU KAND AND OTHERS - APPELLANT
Versus
STATE OF ORISSA - RESPONDENT
Criminal Appeal No. 241 of 1994
Decided On : 30-04-2002
Nagen Kumar Barik, for the Appellant; G.C. Mohanty, Additional Government Advocate, for the Respondent
The judgment establishes the principle that resorting to violence over disputed land, in the absence of a legal resolution, does not constitute a valid exercise of the right of private defence.
Headnote:
Private Defence - Criminal Law - 302 IPC - Summary
Fact of the Case:
The case involved a violent altercation over disputed land, resulting in the murder of two individuals. The appellants, along with others, were involved in a physical confrontation with the deceased over the possession of the land, leading to fatal injuries and deaths.
Finding of the Court:
The court found that the appellants had committed the ghastly murder of both the deceased individuals and were rightly convicted under section 302 of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for life.
Issues: The key issues revolved around the right of private defence, possession of the disputed land, and the circumstances leading to the violent altercation.
Ratio Decidendi: The court emphasized that the absence of a preliminary decree in a partition suit did not justify resorting to violence, and that there was no justification for the deceased individuals to cultivate the land when there was a proceeding under section 144 of the Code of Criminal Procedure and an order of prohibition in place.
Final Decision: The appeal was dismissed, and the order of conviction and sentence against the appellants was confirmed.
JUDGMENT :
B. Panigrahi, J. - This appeal portrays a horrendous picture in which two persons namely Harju Podh and Register Kand became the victims of the circumstances and shed their lives at the place of occurrence.
2. There were spate of litigations between the parties over the land locally known as "Kharibahal" on which the incident had taken place. The Appellants Ghanshyam Kand, Parsu Kand and Tanka Kand had filed a Civil Suit for partition and separate possession in the Court of Subordinate Judge, Titilagarh and no final decision had been taken on the date of incident.
3. On 25.6.1993 at about 8 A.M. the Appellants along with other accused persons (since acquitted) were ploughing the aforesaid disputed land by two ploughs and Appellant Parsu Kand was watching the said ploughing. The said disputed land was claimed to have been in possession of deceased Register Kand and Harju Podh. Therefore, they came and protested against the high handed action of the Appellants who were allegedly forcibly cultivating at the time of occurrence. It has also transpired from the prosecution story that two days preceding the date of occurrence the deceased persons had cultivated the said land. On the date of occurrence when deceased Register Kand and Harju Podh prevented the Appellants from cultivating the said land, there ensued a severe brawl over possession between them by which the Appellant Ghanshyam being agitated brought out a 'Tabli', Appellant parsu brought out Anr. Tabli and Appellant Tanka brought out an axe which they kept concealed in the land and they assaulted deceased Harju Podh indiscriminately as a result of which he fell down with severe bleeding injuries on his head and other parts of the bodies. Deceased Register Kand seeing the assault on Harju Podh rushed to the Spot and attempted to prevent the accused-Appellants from assaulting deceased Harju Podh. At this juncture the other accused persons namely Dalimba, Badu, Kausalya and Tilam obstructed deceased Register Kand. In the process Appellant Parsu Kand came there and assaulted the deceased Register Kand by means of a 'Tabli' on his left side neck as a result of which he received severe cut injuries and thereafter fell down on the land. When Register Kand fell down, the informant Niran Kand (P.w.1), Rukha Podh (P.W.3) and Mena Gahira (P.W.5) arrived at the spot on hearing the outcry. When they proceeded to rescue deceased Register Kand who was lying injured, Appellant Ghanshyam dealt a lahti blow on Niran Kand, (P.W.I) on his right fore-arm, Appellant Parsu Kand dealt a 'Tabli' blow on Rukha Podh (P.W.3) on her right arm and one juvenile offender. Dila who is facing trial in the Juvenile Court dealt a lathi blow on the fore- head of P.W.5, Mena Gahira. After P.Ws. 1, 3 and 5 were assaulted by the other accused persons they surrounded the deceased Register Kand who was lying injured and assaulted him indiscriminately as a result of which the deceased Register Kand and Harju Podh succumbed to the injuries. P.W.1 (Niran Kand), the informant along with the ward member of the village namely Bhosankar Bag and P.W.3 (Rukha Podh) went to Turekela Police Station and reported the matter orally which the O.I.C. of the said Police Station reduced to writing and after it was read over to the informant, the informant lent his L.T.I, thereon and it was treated as F.I.R. The Officer-in-charge, Turekela P.S. proceeded with the investigation of the case. He examined the witnesses, collected the blood stained earth and sample earth, held enquest over the dead bodies of Harju Podh and Register Kand, sent the dead bodies for post mortem examination, seized the wearing apparels of the deceased persons and after completion of investigation placed the charge sheet against the Appellants and other accused persons.
4. The trial Court after resume of the evidence held the Appellants guilty u/s 302, I.P.C. and sentenced them to undergo imprisonment for life. The other lady accused Dalimba Kand was co
