BHIKARI SWAIN @ KATHI SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) BOTH the appeals arise out of the judgment and order dated 27.2.1989 passed by the learrjed Sessions Judge, Balasore in ST. No. 1 of 1989.

(2.) APPELLANTS in CRLA No. 65 of 1989 have been convicted Under Sections 304 Part -I read with 34 I.P.C. and sentenced to undergo R.I. for seven years each and further they were directed to undergo R.I. for six months for the offence under Section 323, I.P.C. and the sentences are to run concurrently.

(3.) CASE of the prosecution briefly stated is that on 10.01.1988 in the afternoon, a meeting was convened by the officials of Bhadrak block for nomination of members to the Kusun Nagar Village Development Committee. Accused Bishnu Ojha was the Sarpanch of that Gram Panchayat. His supporters, being the minority group, claimed that their men should get more representation in the Committee. The Block Official declared that the members should be elected by taking votes. When the process of voting was going on, the meeting was disrupted by accused persons by throwing sands and dust. Villagers present there started dispersing. While the deceased -Mani Jena was leaving the place the accused -Bishnu Jena caught hold of his hands and dealt a fist blow. Just at that time accused Bhikari came there and dealt a lathi blow on the head of the deceased, as a result, he fell down. When people came to his rescue they were also assaulted and they received injuries on different parts of their bodies.