The main legal point established in the judgment is the reliance on consistent testimony of interested witnesses, corroboration of eyewitness accounts by medical evidence, and evaluation of the accused's actions in relation to the right of private defense.

JUDGMENT :

S. Muralidhar, J.

1. This appeal, directed against the judgment and order dated 13th February, 2004 passed by the learned Additional Sessions Judge, Sonepur in Sessions Case No.60/35 of 2000 and 2/8 of 2002 was filed on 27th February, 2004 by the 14 Appellants. Two of them i.e. Appellants Nos.1 and 2 (who were Accused 2 and 4 respectively in the Trial Court) were convicted for the offence under Section 302/34 IPC and sentenced to undergo imprisonment for life. The remaining accused Appellants were convicted for the offence punishable under Section 323/149 IPC and sentenced to undergo rigorous imprisonment (RI) for six months; for the offence punishable under Sections 324/149 IPC to RI for one year and for the offence punishable under Section 325/149 IPC to RI for four years.

2. Jadu Tandi (Appellant No.12), Akshya Tandi (Appellant No.14), Bachu Tandi (Appellant No.11) and Danaba Tandi (Appellant No.7) were convicted for the offence punishable under Section 147 IPC and sentenced to undergo RI for six months each. All the Appellants were convicted for the offence punishable under Section 148 IPC and sentenced to undergo RI for one year each. All sentences were directed to run concurrently.

3. It must be mentioned at the outset that on 22nd March, 2004 this Court released on bail the Appellant Nos.3 to 14 i.e. Bhagabatia Tandi, Uttam Tandi, Binod Bisi, Kirtan Tandi, Danaba Tandi, Litar Tandi, Panchanan Tandi, Pankaja Tandi, Jadu Tandi, Hadu Tandi and Akshya Tandi. As far as Appellant Nos.1 and 2 i.e. Bibha Tandi and Khema Bisi are concerned, this Court directed that their bail applications will be considered after receipt of the Lower Court Record (LCR). However, on the next date, i.e. 10th August, 2004 this Court, after the LCR was received, rejected their bail applications after noting that the death of the deceased had occurred as a result of the axe blows given by Appellant Nos.1 and 2.

4. The bails applications of Appellants 1 and 2 were again rejected on 28th July, 2008. Finally, on 24th March, 2011 Appellant Nos.1 and 2 were enlarged on bail by this Court.

5. On 11th November, 2021 the death certificates of the Appellant Nos. 6 and 8 i.e. Kirtan Tandi and Litar Tandi were produced before this Court. This Court, therefore, noted that the appeal in respect of the said two Appellants had abated.

6. This Court has heard the submissions of Mr. Devasish Panda, learned counsel appearing for Appellant No.5; Mr. B.K. Swain, Advocate on behalf of Mr. N.C. Pati, learned counsel appearing for the remaining Appellants and Mr. J. Katikia, learned Additional Government Advocate (AGA) for the Respondent (State).

7. The case of the prosecution is that on account of previous enmity, the accused Appellants along with 15 others tried to close the passage to the house of Garjan Sahu (PW 1) i.e. the Informant on 29th March, 2000 at about 8 am by fencing it. Consequently, PW 1, his wife Suruchi Sahu (PW 2), four sons and daughter-inlaw, including the neighbours, protested. According to the prosecution, the accused persons, anticipating the resistance, had made advanced preparation and immediately they brought weapons like axe, spear, lathi etc. which they had stacked in the nearby house and gave a war cry.

8. The further case of the prosecution is that Appellant No.1 i.e. Accused No.1 (A-1) Bibha Tandi is stated to have given one axe blow on the head of Madhu Sahu (the deceased) and Madhu fell down. Accused Khema Bisi (A-4) further assaulted Madhu with an axe. A-6 (Kirtan Tandi) assaulted Nabin Sahu (PW 6), the injured eyewitness who came to save the deceased, on his head with an axe. A-5 (Binod Bisi) assaulted PW 6 with a lathi. A-10 (Litar Tandi) gave a lathi blow to Suruchi Sahu (PW 2), the wife of PW 1. A-12 Pankaj Tandi assaulted Purnami Sahu @ Bhulki (PW 3), who is the daughter-in-law of PW 1 with a spear. It cuased a cut on the finger on her left hand. Accused Bhagabatia Tandi (A-1) (Appellant No.3) hit PW 3 on her head by the blunt sid