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2009 Supreme(Ori) 510
IN THE HIGH COURT OF ORISSA
R.N. Biswal, P.K. Tripathy, JJ.
MURALI BHARIMAL AND OTHERS - APPELLANT
Versus
STATE OF ORISSA - RESPONDENT
Criminal Appeal No. 303 of 1995
Decided On : 27-02-2009
D. Nayak, S. Swain, D.P. Pradan, N.N. Mohapatra, M. Mohanty and A.K. Acharya and D.P. Sarangi, for Informant, for the Appellant; Government Advocate, for the Respondent
The main legal point established in the judgment is the reliance on witness testimony and medical evidence to determine guilt, as well as the consideration of the accused's age in determining the appropriate sentence.
Headnote:
Conviction - Murder - IPC 302, IPC 326/34, IPC 324 - The judgment and order of conviction and sentence dated 28.10.1995 passed by the learned Addl. Sessions Judge, Khurda in S.T. Case No. 51/7/78 of 1995/91 convicting accused, Murali Bharimal and Dama Parida u/s 302 of IPC and sentencing them to undergo imprisonment for life, Rama Chandra Parida and Maku pradhan u/s 326 read with Section 34 of IPC and sentencing them thereunder to undergo R.I. for four years each, Rama Chandra Parida u/s 324 of IPC and sentencing him to undergo R.I. for one year.
Fact of the Case:
The case involved an incident where the accused assaulted the deceased and his brother, resulting in the death of the deceased and injuries to the brother. The prosecution's case was based on eyewitness testimony and medical evidence.
Finding of the Court:
The court found the accused guilty of the charges based on the evidence presented, and sentenced them accordingly. The court also considered the age of the accused in determining the appropriate sentence.
Issues: The issues included the reliability of the prosecution's witnesses, the location of the incident, the nature of the injuries inflicted, and the appropriate charges and sentencing for the accused.
Ratio Decidendi: The court relied on the testimony of witnesses, medical evidence, and the circumstances of the incident to reach its decision. The court also considered the age of the accused in determining the appropriate sentence.
Final Decision: The appeal was dismissed, with the alteration of the order of conviction from IPC 302 to IPC 304 Part I for two of the accused. The sentence for the offence under IPC 326/34 was reduced from four years to two years, with the custodial period set off. The remaining sentence was to be served by the other accused.
JUDGMENT :
R.N. Biswal, J. - This appeal is directed against the judgment and order of conviction and sentence dated 28.10.1995 passed by the learned Addl. Sessions Judge, Khurda in S.T. Case No. 51/7/78 of 1995/91 convicting accused, Murali Bharimal and Dama Parida u/s 302 of IPC and sentencing them to undergo imprisonment for life, Rama Chandra Parida and Maku pradhan u/s 326 read with Section 34 of IPC and sentencing them thereunder to undergo R.I. for four years each, Rama Chandra Parida u/s 324 of IPC and sentencing him to undergo R.I. for one year. The trial Court also convicted Mulraj Bharimal and Dama Parida u/s 326/34 of IPC and without passing any order of sentence thereunder ordered that in case their conviction u/s 302 of IPC is set aside they would be deemed to have sentenced to undergo rigorous imprisonment for a period of four years.
2. Prosecution case, succinctly stated, is that on 12.7.1989 at about 5.00 p.m., while deceased Akhil Paikray and his elder brother, Haribandhu Paikray were returning from their sister's house at village Saralasingh in a luna moped, it went out of order near Manasinghpur, so they got down from the moped and proceeded towards their village by foot, pulling the moped. No sooner they had reached Bhatapada crossing, then accused Rama Chandra Parida, Bhagban Parida, Murali Bharimal and Phakir Mohapatra being armed with Lathies and Kantas emerged out from a nearby canal and accused Ram Chandra Parida, Bhagban Pradhan inflicted Lathi blows to the deceased and to save his life, while he was running away, raising hulla "Marigali Marigali", some other miscreants also came to the spot from Ostapokhari side being armed with deadly weapons and conjointly all of them assaulted the deceased surrounding him from all sides. P.W.1, son of P.W.3 seeing the occurrence, rushed to his village and informed the incident to some of his villagers and requested them to come to the spot to save his father and uncle and accordingly, they arrived at the spot, by which time the miscreants had already fled away. They found P.W.3 lying in the embankment of a Nala and the deceased in the paddy field of one Choria Patra with bleeding injuries. While both the injured were being shifted on an Auto-rickshaw to Gambharimunda Primary Health Centre, on the way, the deceased expired. P.W.4, the Medical Officer referred P.W.3 to M.K.C.G. Medical College and Hospital, Berhampur after recording his statement.
3. On getting information about the incident, P.W.10, the then Officer-in-Charge of Banpur Police Station went to Gambharimunda P.H.C., where P.W.1 orally reported the incident before him, which he reduced into writing as per Ext.1. Then, P.W.10 Ext.1 through A.S.I. of Police Jagannath Naik to the police station for registration of the case and accordingly it was registered as P.S. Case No. 93 of 1989 under Sections 147/148/302/307 read with Section 34 of IPC.
4. On 13.7.1989 at 7.00 A.M., P.W.10 held inquest over the dead body of the deceased in presence of witnesses at Gambharimunda P.H.C. and prepared the inquest report, sent the corps to Government Hospital, Banpur for autopsy, visited the spot, seized sample earth as well as blood stained earth, some pieces of human bones, a pair of plastic Chapals (M.O.II) belonging to deceased and one wooden Lathi (M.O.I) in presence of the witnesses and prepared seizure list in respect thereof. After autopsy of the dead body was completed, the doctor made over the wearing apparels of the deceased to the escorting Constable from whom P.W.1 seized one ghee-colour Punjabi shirt (M.O.III), one similar colour blood stained loose pant (M.O.IV), one printed blood stained under wear and one talisman (M.O.VI) at Banpur Police Station and prepared the seizure list, Ext.10. On 14.7.1989 at about 8.30 A.M., P.W.10 seized one Ovanti moped on production by P.W.1 and prepared seizure list as per Ext. XI and gave it in zima of P.W.1 on his executing a zimanama. In course of investigation, P.W.10 arre
