On 28th March, 1973, Aditya Kumar who is the son of the Headmaster of the School, accompanied by two teachers of the School, Hrudananda and Rajendra Prasad, who were also tried with him, were proceeding along the main road of the village at about 10 p. m. When the appellant and his companypanions reached the Bazar, they shouted abusive words and challenged the villagers to companye and see P. Ws.
1 Aditya Kumar Mohapatra who was companyvicted by the lower Courts under Section 302 Indian Penal Code and sentenced to imprisonment for life.
1, 4, 8 and 9.
The Doctor.
The deceased requested everybody to be peaceful and number to create any trouble.
Chitaranian raised his hands and asked them number to quarrel.
P.W. 3 informed the police about the occurrence on the telephone.
They were chased by the villagers but they managed to escape.
The attention of the villagers was diverted by the arrival of the deceased.
He and the other two accused were going together along the bazar.
The prosecution case was briefly as follows There was a certain amount of ill feeling between the teachers of Bagurai High School and the rest of the villagers in companynection with the celebration of Holi festival and the sale of companytrolled sugar.
The appellant caught hold of P.W. 1 and asked him what are you saying.
1, 3, 4, 8 and 9 as eye witnesses to the occurrence and also relied upon the dying declaration recorded by the Magistrate.
The services of a Magistrate P.W. 6 were requisitioned and he recorded the dying declaration from Chitaranjan.
After due investigation, a charge sheet was filed against Aditya and his two companypanions.
P.W. 5 attended on him.
They were being assaulted by the villagers when the deceased along with others came rushing to the place.
Hrudananda Misra one of the companypanions of Aditya Kumar said, this fellow is the leader, stab him.
The plea of Aditya was that at about 9.30 p. m. on 28th March.
Aditya took out a knife and stabbed Chitaranjan in the left side of the chest.
1973, stones were pelted at his house.
The prosecution examined P. Ws.
When the deceased arrived on the spot and tried to restore peace, Aditya stabbed him.
Aditya and his two companypanions then ran away.
P.W. 4 tried to catch hold of the hand of Aditya He too received an injury on the hand.
He requested them to be peaceful so that the matter companyld be settled.
Aditya did number stab the deceased.
They were surrounded by P. Ws.
His father asked him to fetch the other two accused so that they companyld go to the Police Station to give a report.
Chitaranjan died later.
Chitaranjan was taken to the Hospital.
Hearing the numberse of the disturbance the deceased Chitaranjan Prusti and some other villagers came there.
The accused managed to escape.
1 and 8 who happened to be sitting on the culvert asked them why they were using abusive language.
