Orissa Court June 1987 Judgments

Khara Locha and ors. Vs. State of Orissa

Court: Orissa

Reported in: 1988CriLJ502

B.K. Behera, J. 1. The appellants stood charged under Section 302 read with Section 34 of the Indian Penal Code ('the Code', for short) for having committed the murder of Khara Achuma (hereinafter described as 'the deceased') in furtherance of their common intention on Sept. 4, 1981 and under Section 201 read with Section 34 of the Code for having caused the evidence of murder to disappear in order to screen themselves from legal punishment. It was alleged that on the date of occurrence, while the deceased, the appellants with an absconding accused and P.W. 5 were returning from the market, they took, some liquor on the way and thereafter a quarrel ensued between the appellant Khara Locha and the deceased, his brother, over the cultivating possession of a piece of land whereafter the appellant Khara Locha dealt a blow on the head of the deceased who fell down and was assaulted by the other appellants and the absconding accused which resulted in his death. The appellants, it was alleged...