JAGANNATH SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellants in both the appeals have assailed the judgment dated 3.2.1992 passed by Shri. S.P.Acharya, First Additional Sessions Judge, Cuttack in Sessions Trial No. 172 of 1991. In Criminal Appeal No.65 of 1992 appellant Pravakar Rath alias Bikali Rath has been convicted under Section 302/109 of the Indian Penal Code (for short 'IPO and sentenced to undergo rigorous imprisonment for life. In Jail Criminal Appeal No. 128 of 1992 appellants Jaganath Sahoo and Sukanta Sahoo have been convicted under Sections 302/34, IPC and 337/34, IPC and have been sentenced to undergo rigorous imprisonment for life on the first count and no separate sentence has been passed on the second count.

(2.) PROSECUTION case in brief may be stated as follows :

(3.) TO bring home the charge against the appellants, prosecution has examined eleven witnesses in all. P.W.I, a son of the deceased, an eye witness to the occurrence who had lodged the FIR at the police station P.W.8 is a minor son of the deceased who was injured due to pelting of brickbats by the appellants. P.Ws. 2 and 3 were witnesses to the seizure. P.Ws. 4, 6 and 7 are co villagers of the appellants who have been examined as eye witnesses to the occurrence. P.W.5 is the Gramrakshi of the village who collected the weapon of offence, i.e. 'TADA' (M.O.I) lying near the well being pointed out by P.W.I and produced the same before the investigating officer. P.W.9 is the medical officer who medically examined P.Ws 1 and 8, P.W. 10 is the medical officer who conducted post mortem examination over the dead body of the deceased and submitted his report Ext.7. He also examined M.O.I and opined that the injuries on the deceased could have been caused by M.O.I. P.W. 11 is the investigating officer.