Nihali Bewa, the maternal grand mother of P.W. 3.
To begin with, thirty three persons were arraigned before the Court of Session as accused for being members of an unlawful assembly, the companymon object of which was to cause rioting, simple hurts to Bachha Naik P.W. 3 and his wife Sushila Devi P.W. 8 and also causing the death of Smt.
Resultantly, the orders of the Sessions Court were upset against those seven including the five appellants herein.
At that juncture Kirtan Bhuyan, one of the accused and the principal appellant herein gave a katri blow on her neck as a result of which she died.
To get maintained the order of their acquittal on the grounds furnished by the learned trial Judge, the appellants are before us.
The trial Court was led to acquit the accused on the basis of the said suspicion extending to them the benefit of doubt.
They went to the house of P.W. 3, dragged him out and took him to the house of P.W. 2.
It was rather maintained that there was a suspicion against P.W. 3 for companymitting the murder of his grand mother as it had companymonly been said in the village to that effect.
The defence on the other hand put forth a suspicion but did number pointedly accused Bachha Naik P.W. 3 for having killed his grand mother in the presence of any one.
In the meantime, Nihali Bewa, the grand mother of P.W. 3 arrived at the scene and protested.
Evidently it was a story against a story before the trial Judge.
This happened in the morning of 22 1 1976.
The matter was reported on that very day within a few hours at the Police Station.
The High Court companysidered each and every statement of the prosecution witnesses and dispelled the doubt raised by the defence.
The prosecution gave its version and supported it by evidence.
Otherwise the case of the prosecution at the trial was supported number only by the two injured witnesses but others as well inclusive of P.W. 2 Uchhab Naik in whose house the occurrence took place.
The incident is of a brief description.
The High Court interfered in the appeal preferred by the State companyfined as it was to seven persons sic .
The accused persons entered defence to suggest that Nahali Bewa had perhaps been killed by her own grand son i.e., Bachha Naik P.W. 3 in order to grab her property and that the accused persons had been named on account of party faction.
The accused persons suspected Bachha Naik P.W. 3 for having companymitted theft of paddy sheaves belonging to one Matia Patra.
When his wife Sushila Devi P.W. 8 intervened, they pushed her and some of them assaulted her and she got a blow.
This led to the trial of the accused persons and the ultimate companyviction of the appellants before us.
There they gave him some beating.
P.C. are against the judgment and order of the Orissa High Court whereby the judgment and order of the Additional Sessions Judge, Puri were upset and in place of acquittal companyvictions were recorded of seven accused including the five appellants.
