MUDULI SRINU Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 30.03.1998 passed by the learned Additional Sessions Judge, Parlakhemundi in Sessions Case No. 6 of 1996/Sessions Case No. 25 of 1996 (GDC). By the said judgment all the Appellants have been convicted under Section 148, IPC and sentenced to undergo rigorous imprisonment for one year; Appellants 7 and 8 have been convicted under Sections 302/149, IPC and sentenced to undergo imprisonment for life; and Appellants 1, 2, 3, 4, 5, 6 and 9 have been convicted under Sections 323/326/149, IPC and sentenced to undergo rigorous imprisonment for three years for the offence under Sections 326/149, IPC but no separate sentence has been imposed for the offence under Section 323, IPC.

(2.) CASE of the prosecution in a nut shell is that P.W.10 lodged a written report at Kasinagar Police Station on 10.07.1995 at about 8.00 PM alleging therein that on the same day at about 5.30 PM deceased K. Taviti Naidu of village Vistala had come to village Dhansara to see his paddy field. On his arrival, he found some cattle damaging his paddy seedling. Seeing that, he drove out the cattle and at the same time abused the villagers of Dhansara in obscene language. Hearing his abusive language, Appellants 7, 8 and 9 came there being armed with kati and lathi and assaulted the deceased. In the meantime, P.Ws.9, 10 (informant) and 11 arrived there, rescued the deceased and gave him water. At that time, Appellants 1, 2, 34, 5 and 6 came there being armed with kati and lathi and assaulted P.Ws. 9, 10 and 11 causing injuries on their person. The informant P.W.10 went to village Vistala and informed the incident to the father of the deceased who immediately came to the spot and found his son lying unconscious in a pool of blood having injuries on his head. The injured persons, namely, the deceased, the informant P.W.10 as well as P.Ws. 9 and 11 went to Kasinagar Police Station and lodged FIR. They were initially sent to Kasinagar PHC and then referred to Parlakhemundi Headquarters Hospital. As the condition of the deceased became more critical, he has referred to M.K.C.G. Hospital, Berhampur and then to S.C.B. Medical College and Hospital, Cuttack, but he expired on the way. His body was brought to Parlakhemundi Headquarters Hospital where postmortem was conducted. After completion of investigation charge -sheet was submitted against all the Appellants to stand their trial.

(3.) PLEA of the Appellants is complete denial of the allegation. Their further plea is that due to previous enmity and civil litigation, the witnesses have implicated them falsely. Appellant No. 6 M. Laxminarayana specifically pleaded that since last ten years he has been litigating in a civil suit with the family of Adinarayana P.W.11 for which the witnesses are deposing falsely against him. Appellant No. 1 M. Srinu specifically pleaded that the deceased, Balaji, Haimavati and Gopinath used to make liquor business together to which he objected and for that a false case has been filed against him and Ors. .