ALOK JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The judgment and order of conviction dated 7th November, 2003 passed by learned Ad hoc Additional District and Sessions Judge, Fast Track Court, Rourkela, in S.T. Case No. 50/3 of 2003 convicting the appellants under section 302 read with section 34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life and to pay a fine of rupees ten thousand each, in default to undergo rigorous imprisonment for one year each is assailed in Crl. Appeal No. 301/2003 as well as Crl. Appeal No. 8/2004.

(2.) As both the appeals arise out of the common judgment, they were heard together on the request of the learned Counsel. The prosecution case was set to motion on the basis of an F.I R. lodged by Bipra Charan Sahoo (P.W. 8). It is alleged that on 7.11.2002 at about 7.00 p.m when Bhagaban Sahoo and his friend Padmalochan Panigrahi were gossiping near traffic market of Rourkela the accused persons being armed with deadly weapons attacked Bhagaban Sahoo. Padmalochan Panigrahi tried to intervene and save Bhagaban Sahoo, consequently he was also assaulted. Bipra Charan Sahoo (P.W. 8) saw the incident and shouted for help. The nearby shopkeepers also raised hullah and some people assembled. Seeing the gathering the accused persons fled away from the place of incident leaving Bhagaban Sahoo and Padmalochan Panigrahi in a pool of blood. The injured persons were shifted to Ispat Central Hospital for treatment. Unfortunately, both of them succumbed to the injuries. As per the F.I.R., 7 to 8 years back Bhagaban Sahoo and some other persons were arrested in connection with the murder of the mother of Abhesh Roy and in the said case Bhagaban Sahoo was acquitted. To take revenge of the murder of his mother, Abhesh Roy and his friends attacked Bhagaban Sahoo and Padmalochan Panigrahi. The F.I.R. was registered as Rourkela Plant Site P.S. Case No. 351/2002 as per Ext. 13. The said P.S. case corresponds to G.R. Case No. 1881/2002 of the Court of learned S.D.J.M., Panposh. The investigating officer went to the spot, seized the relevant materials, examined the persons available and recorded their statements under section 161, Cr.P.C., visited the hospital, conducted inquest over the dead bodies, issued police requisition for post-mortem examination, seized relevant. material objects and after completion of the entire investigation submitted charge-sheet under section 302/34, I.P.C. After perusing the police records and other materials and on being prima facie satisfied, learned S.D.J.M. took cognizance of the offence and committed the case for trial.

(3.) The plea of the accused persons was one of complete denial. The further plea of the defence is that both Bhagaban and Padmalochan Panigrahi were hardened criminals and they have many enmities. They have become victim of their own misdeeds. It was further pleaded that the accused persons had absolutely no role to play and they have been falsely implicated.