The court emphasized that the burden of proving the right to private defence need not be established by the defence beyond all reasonable doubt, and rejected the appellants' plea of right to private defence.

JUDGMENT

S.K. Mishra, J. - A gory episode of killing of three persons has been reported in this case. It appears from the record that three persons were murdered by the appellants for property dispute.

The appellants, namely, late Dwaru Patra and his wife appellant no.4, namely, Bedamati Patra and their sons Mahendra Patra, Indra Kumar Patra have been convicted by the learned Additional Sessions Judge, Balangir in Sessions Case No.28/11 of 1997 as per the judgment dated 02.06.1998 convicting them for the offence under Section 302/149 and also for the offences under Sections 148, 143 and 324 of the Penal Code and sentencing each of them to undergo imprisonment for life. The appellant no.4, namely, Bedamati Patra has also been convicted for the offence under Section 304 of the Penal Code and has been sentenced to undergo imprisonment for six months for that offence.

Dwaru Patra died during pendency of the appeal. The appeal abates as far as he is concerned as per the order of this Court on 24.08.2020.

2. The prosecution alleged that the three deceased, namely, Jhalia Karmi, Khageswar Karmi and Parameswar Karmi, and four injured persons, namely, Ramesh Karmi, Umesh Karma, Sabita Karmi and Lochana alias Sulochana Karmi are members of one family. The prosecution further put forth that they are owners-in-possession of a land, locally known as Dimilapidha or Dimilakheta. On 15.07.1996 in the morning hour, the deceased and injured persons had gone to the Dimilapidha land for sowing paddy seeds. While they were ploughing and working in the field along with two other persons, namely, Panchanan Chaulia and Bhagirathi Chaulia, the accused persons along with Mahendra Patra and other sons of accused Dwaru Patra, rushed to the land being armed with different weapons like tangi, tablee, kati, spear (tenta) and thengas. Accused Bedamati and Mahendra threw glass dusts on the faces, respectively, of Khageswar Karmi and Parameswar Karmi. The three deceased were indiscriminately assaulted mainly by the male accused persons, namely Dwaru, Mahendra and Indra by means of deadly sharp cutting weapons. The accused Bedamati assaulted and injured Sabita Karmi by kati and accused Mahendra and Narendra assaulted and injured Sulochana Karmi. Accused Mahendra also assaulted the injured Umesh, Narendra Paptra assaulted and injured Ramesh Karmi.

After the assault, the accused persons ran away. Jhalia Karmi and Khageswar Karmi died immediately on the spot. Parameswar Karmi also died on the spot a little later. Saraswati Karmi, wife of deceased Parameswar Karmi informed Sahadev Padhan (P.W.2) about the occurrence. Then Saraswati and Sahadev both went to Khetra Karmi (P.W.1) and informed him at his house about the occurrence. P.W.1 & P.W.2 informed Narayan Badi, the Grama Rakhi (P.W.9) and then all three of them went to the case land and found Khageswar Karmi and Jhalia Karmi lying dead with injuries on their persons. Parameswar Karmi was lying with serious injuries and was gasping and flailing. Umesh Karmi, Ramesh Karmi, Sabita Karmi and Sulochana Karmi were also present there with injuries on their person. P.Ws.1, 2 & 9 ascertained from Umesh Karmi and Ramesh Karmi that the accused persons along with Narendra Patra had assaulted them and the deceased persons. Therefore, P.Ws.1 and 9 and one Suresh Karmi came to Biramaharajpur Police Station. P.W.1, Khetra Karmi orally reported to the O.I.C., Biramaharajpur Police Station about the incident and his oral report was reduced into writing. The OIC, registered the case i.e. Biramaharajpur P.S. Case No.56 of 1996 and immediately took up investigation.

In course of investigation, he visited the spot where he found Parameswar Karmi had already succumbed to the injuries on the spot. He conducted inquest over the dead bodies of Khageswar, Jhalia and Parameswar and sent the dead bodies for post mortem examination to the District Head Quarters Hospital, Sonepur. He seized two sticks, one spade, one tangia and one plough from the