SIDHE BARIHA AND OTHERS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This criminal appeal from jail is directed against the judgment of conviction and order of sentence dated 27.03.2001 passed by the learned Additional Sessions Judge, Nuapada in S.C. No. 22/7 of 1999-2000.

(2.) The case of the prosecution is that on 02.10.1998 at about 5:00 PM, the appellants, being armed with iron rod and lathies, came to the house of the deceased, called him to come outside the house and when he came, they with the common intention to kill assaulted him by means of the weapons with which they were armed, as a result of which he fell down and became unconscious. He was removed to Nuapada hospital for treatment, but on the next day, i.e., on 03.10.1998, he succumbed to the injuries. P.W.1 lodged an F.I.R. in the Beltukiri Outpost under Jonk Police Station on receipt of which police took up investigation and ultimately filed charge-sheet against the appellants under Sections 302/323/34, I.P.C.

(3.) On receipt of the charge-sheet, the learned Magistrate took cognizance of the offence and committed the case to the Court of Session. The learned Additional Sessions Judge framed charge under Sections 302/323/34, Indian Penal Code against the appellants who pleaded not guilty and claimed to be tried. From the side of the prosecution, twelve witnesses were examined including the doctor and the investigating officer and seventeen documents were exhibited. One Dolko Bariha was examined on behalf of the appellants in their defence as D.W.1. In their statements under Sec. 313, Cr.P.C, the appellants took the plea of denial. The learned Additional Sessions Judge taking into consideration the evidence adduced before him held all the appellants guilty under Sec. 302/34, Indian Penal Code and further held appellant no.4-Uderam Bariha guilty under Sec. 323 Indian Penal Code and convicted them thereunder. He sentenced all the appellants to undergo imprisonment for life for the offence under Sec. 302/34, IPC, and further sentenced appellant no.4-Uderam Bariha to undergo simple imprisonment for one month for the offence under Sec. 323, IPC.