BRAJABANDHU PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellants have challenged the judgment dated 5.12.1994 passed by Shri B.N.Jena, Assistant Sessions Judge, Cuttack in S.T.Nos. 319 of 1992 and 346 of 1992 convicting them Under Sections 148, 325/149 and 395/397 of the Indian Penal Code (for short 'IPC) and sentencing them to undergo rigorous imprisonment for three years, five years and ten years respectively with direction that the sentences would run concurrently.

(2.) PROSECUTION case, briefly stated, runs as follows : The informant (P.W. 1.) the appellants and the other co accused persons who have since been acquitted, are co villagers being residents of village Karadapali under Baideswar Police Station in the district of Cuttack. Since there was rivalry between two groups of villagers, police had been deployed to maintain law and order in the village and the Sub Collector cum Subdi visional Magistrate, Banki had convened a meeting of the villagers on 27.12.1990 at 4 p.m. at Baideswar Police Station for the purpose of amicable settlement of the dispute between the rival groups. When the villagers belonging to the faction of the informant (P.W. I) were proceeding to Baideswar, appellant No.l and one Lokanath Panda shouted at them and the wife of P.W.I called the supporters of P.W. 1 and fiftyeight persons named in the FIR (Ext. 1) gathered there being armed with deadly weapons like lathi, Kati, Valla, etc. They ransacked the house of the supporters of the informant and took away one portable T.V., one Bajaj scooter, one bicycle, one wrist watch, some household articles, gold ornaments and cash. It is also alleged that they assaulted and caused injuries to P.Ws.4, 5, 6 and 7. On the following morning at 8 a.m. the informant (P.W.I) lodged a written report (Ext.l) naming fifty eight persons as the culprits before the O.I.C. of the police station (P.W.28) who was camping in that village. P.W.28 treated the same as FIR and took up investigation and after returning to the police station at 7 p.m. registered the case. During investigation, he examined witnesses, sent the injured persons for medical examination and searched for the articles stolen in commission of daco.ity.but recovered nothing, though he seized some half burt currency notes. He examined witnesses, arrested the accused persons and sent them to Court in custody. On 26.2.1991 as per the order of the Superintendent of Police, he handed over the charge of investigation to the Circle Inspector of Police, Banki (P.W.29) who re examined some of the witnesses and seized two cash memos and some other articles. On his transfer from the police station, P.W.29 handed over charge of investigation to his successor (P.W.27), who seized some photographs of the damaged house at the spot which had been taken on the next day of the occurrence. After completion of investigation he submitted chargesheet Under Section 395 read with Section 397, IPC against the fifty eight persons named in the FIR. The case against four accused persons was split up and the remaining fifty four accused persons were committed to the Court of Session and the case was numbered as S.T. 319/92. Subsequently those four accused persons were committed to the Court of Session and the case against them was registered as S.T. 346/92 and both the cases were tried together. The learned Assistant Sessions Judge convicted the sixteen appellants against whom he found incriminating materials and acquitted the other forty two accused persons. The plea of defence is one of denial and false implication due to rivalry between two groups in the village and accused Sadananda Das (appellant No. 4) took the plea of alibi.

(3.) IN order to bring home the charge against the accused persons, prosecution has examined twenty nine P.Ws. of whom P.W. 1 is the informant and P.Ws. 4,5, 6, 7 are the injured persons who have been medically examined. P.Ws. 2, 3, 8,9, 10, 11, 12, 13, 14, 16, 17, 18, 19 and 20 are the co villagers of the parties who have been examined as eye witnesses to the occurrence. P.W.15 was the O.I.C. of Baideswar P.S. who was entrusted with part of investigation of the case relating to arrest of the accused persons and seizure of some articles. P.Ws. 21, 22, 23, and 24 are witnesses to seizure. P.W. 25 is the medical officer who medically examined the injured persons. P.W.26 is the photographer who took eighteen photographs of the damaged houses at the spot on the day following the occurrence. P.Ws. 27, 28 and 29 are the three investigation officers. The defence has examined two D.Ws. in support of the plea of alibi of appellant No'.4 who has examined himself as D.W.I and his colleague as D.W.2 who has stated that both of them were working as enumeraters for the census being appointed by the B.D.O., Banki and that on the date of the occurrence, i.e., 27.12.1990, they were taking training from 10.30 a.m. to 5 p.m. imparted by the B.D.O., Banki at Berhampura High School.