BABAJI ALIAS BALAKRISHNA MALLIK Vs. STATE

JUDGEMENT

(1.) SIX appellants in the first appeal and three appellants each in the other two appeals, have challenged the judgment dated 23 12 1991 passed by Sri D.L.C.K. Patnaik, Sessions Judge; Balasore in S. T. No. 121 of 1990 convicting the appellants under sections 148/302, Indian Penal Code (for short 'I. P. C.') and sentencing each of them to undergo rigorous imprisonment for three years under the first count and imprisonment for life under the second count. Five of the co accused persons of the appellants have been acquitted.

(2.) THE prosecution case, briefly stated, is as follows :

(3.) IN order to bring home the charge against the appellants, prosecution has examined nine witnesses, out of whom, p. w. 1 is the informant and p. w. 3 is the minor son of the informant aged about ten years, whose statement has not been recorded as he was found by the trial Judge, to be incapable giving rational replies to the questions put to him. P. w. 6 is the daughter of the deceased. P. ws. 2, 4 and 5 are eye witnesses to the occurrence. P. w. 7 is the Medical Officer who conducted the post mortem examination over the deadbody of the deceased. P. ws. 8 and 9 are the two Investigating Officers. The defence has examined none in support of its case.