SUKRA SAHU AND Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 29 5 1995 of the Additional Sessions Judge, Jeypore in Sessions Case No. 22 of 1994 by which the two appellants Sukra Sahu and Nanda Sahu have been convicted under sections 302/149, I. P. C. and sentenced to undergo rigorous imprisonment for life each. They have also been convicted under sections 147/148, I. P. C, and each of them has been sentenced co undergo rigorous imprisonment for six months. The sentences are to run concurrently.

(2.) ALTOGETHER sixteen accused persons including the two appellants were placed on trial to face charges under sections 147/148/302/149. I. P. C. and the learned Addl. Sessions Judge while acquitting the other accused persons has found the two appellants guilty of the aforesaid charges and convicted them as mentioned above,

(3.) THE defence plea is one of denial of complicity in the crime. It is also their case that appellant Sukra Sahu. grandfather of appellant Nanda Sahu and accused Jogi (since acquittted) were the owners in possession of the disputed land and they had raised paddy thereon during the year of occurrence. As p. w. 1, the deceased Budu and their family members forcibly cut and removed paddy from the disputed land, 'Gondgol' took place between the appellant Sukra and the deceased.