STATE OF ORISSA Vs. ARJUN DAS AGRAWAL

JUDGEMENT

(1.) Sixteen persons were booked for trial under Sections 302/149, 302/34, 341/149, 449, 451/34, 427/34 and 323, Indian Penal Code for causing death of deceased-Bhagirathi Panda. The Sessions Judge, Koraput in Sessions Case No. 134/85 by judgment dated 2nd April, 1986 after appreciation of the evidence of 16 witnesses for prosecution and seven witnesses of defence came to the finding that the deceased met with homicidal death and accordingly convicted accused Dilip Kumar Chand under Section 302, I. P. C., accused Kishanlal Kamini, Manmohan Das alias Manu Bangali, Prafulla Kumar Pradhan and Arjun Das Agrawala under Section 302/149, I. P. C. The trial Court also found accused Radheshyam Agrawala, Uttam Kumar Behra, Devi Misra, Babuli alias Sudhansu Sekhar Das guilty and convicted them under Section 451 and 427, I. P. C. Other accused persons were found not guilty and acquitted them.

(2.) Accused-Dilip Kumar Chand was sentenced to death. Accused-Kishanlal Kamini, Prafulla Kumar Pradhan, Manmohan Das alias Manu Bangali and Arjun Das were sentenced to undergo imprisonment for life. The trial Court, however, sentenced Radheshyam Agrawala, Uttam Kumar Behera, Devi Misra, Babuli alias Sudhansu Sekhar Das to rigorous imprisonment for one year.

(3.) The Division Bench of the High Court in death reference No. 1 of 1986 and Criminal Appeal Nos. 72 to 74, 81, 82 and 88 of 1986 by judgment dated 27-1-1987 allowed the appeals of Arjundas Agarwal and Manmohan Das and were acquitted. The death reference and appeal of Dallip Kumar Chand were partly allowed and he was convicted under Section 302/34, I. P. C. and his death sentence was converted to rigorous imprisonment for life. The appeals filed by Prafull Kumar Pradhan, Kishanlal Kamani, Radheshyam Agarwal, Devi Prasad Misra, Sudhansu Sekhar Das alias Babuli and Uttam Kumar Behera were dismissed.