Upendra Pradhan vs State Of Orissa

2. The facts pertinent to the present case, as unfolded by the prosecution, are that Upendra Pradhan, Debendra Pradhan and Rabindra Pradhan are sons of Sanatan Pradhan and Jamadevi is his wife. Sanatan Pradhan and his younger brother Brundaban are having title deeds of their lands standing in their names jointly. They possessed land on an amicable division. According to the prosecution story, a dispute arose between Sanatan Pradhan and his younger brother Brundaban when Brundaban did not yield to the request of Sanatan Pradhan to hand over the Patta of their lands to procure a loan as the Patta was with the mother. Thereafter, Panchayat meetings were held on 27.8.93 and 29.8.93 and it was decided that Brundaban shall collect the Patta from his mother and hand over the same to Sanatan Pradhan. Accused Sanatan Pradhan and his family members bore grudge against Brundaban for non- complying with the direction of the Panchayat. Sanatan Pradhan got angry and declared to ruin his family. Fearing for his life, Brundaban along with his family left his house and stayed in the house of Keshab Pradhan (P.W.10) of his village. At about 8 P.M. on 29.8.93, Brundaban along with his three children, Sanjib, Pravasini and Rajib and wife Radha Pradhan (P.W.1), returned to his house. On seeing them, the accused Sanatan and Jama Devi called out the other accused persons. No sooner did Brundaban enter his house and asked his children to sleep on cots, than the accused Rabindra, Debendra and Upendra, each armed with axe and lathi, rushed towards them. Accused Rabindra dealt two blows on his neck and head with axe. Accused Debendra dealt a blow with axe on Brundaban’s head. Brundaban started bleeding profusely and groveled into the house of Kulamani Budhia nearby. He became unconscious. Thereafter, the three sons of the accused Sanatan Pradhan focused their attention on his children and Upendra and Debendra caught the eldest son Sanjib from both sides and accused Rabindra dealt axe blows causing injuries on the neck and other parts of the body. Then the accused Upendra caused injuries on the girl child Pravasini and killed her. Thereafter, accused Debendra and Upendra caught hold of Rajib, the second son of Brundaban Pradhan and accused Rabindra dealt axe blows and killed him. According to the prosecution version, the entire incident was witnessed by P.W.1-the mother of the deceased, and P.W.6 and P.W.12. When the villagers came out on hearing the shout of P.W.1, the accused persons decamped and P.W.1 brought all the three deceased children from inside the room to front-side of the house. Brundaban Pradhan in severely injured condition was lying senseless in a neighbour’s house. The local Sarpanch informed the matter to Jujumura Police Station. On the basis of this information, investigation was made, charge-sheet was filed and after the case was committed to the Court of Sessions, charges were framed under Section 307 and 302 read with Section 34 of IPC.

4. The High Court pointed out that the prosecution allegation against the accused Jema Devi was relating to the instigation whereas against the accused Upendra in making active participation in the murder of three children. In view of the death sentence imposed against the Sanatan and Rabindra, the Trial Court made a reference under Section 366 of the Code of Criminal Procedure (Cr.P.C.) and that was registered as Death Sentence Reference No.1 of 1994. Accused Sanatan, Debendra and Rabindra also preferred appeals from jail in 1994.

9. There are mainly three questions for our consideration. First being, whether the presence of a view favouring the accused appellant should be considered. Second being, whether the prosecution witnesses P.W.1 and P.W.7 being interested witnesses, should be relied upon. The third being the juvenility of the accused appellant.

16. Therefore, in the light of the above discussion, we allow this appeal and set aside the impugned judgment and order passed by the High Court. The appellant has been released on bail vide this Court’s order dated 15.04.2014. His bail bonds are discharged.

….....….……………………J (Pinaki Chandra Ghose) ….....…..…………………..J (R.K. Agrawal) New Delhi;

April 28, 2015.