RASANANDA JENA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Appellants have preferred this appeal challenging their conviction U/s.302 read with section 149 of Indian Penal Code (in short the I.P.C.) and sentence to undergo life imprisonment passed by learned Addl. Sessions Judge, Kendrapara vide judgment dtd.11.10.1999 in S.T. No.41/433 of 1996.

(2.) Adumbrated in brief, prosecution case is that on 21.5.1995 at about 1.30 P.M. at Ketuapala Irrigation Embankment, deceased Rusi Sethi was attacked by accused persons and succumbed to injuries on way to hospital. In this regard, his son, informant (P.W.1), lodged an F.I.R. (Ext.1) in written on the next day at 8:30 A.M. It is alleged therein that the accused persons including the appellants, seventeen in numbers, on the occurrence day at morning approached their villagers violently and destroyed the building of one Ananta Kishore Das (D.W.2). Thereafter at about 9 A.M., deceased went to ascertain fact from Sarapancha Baidhar Naik. His son, informant, was following him. Near Panchayat office appellant accused Rasananda Jena accosted others to kill the deceased. Accused Duryodhan dragged the deceased towards embankment. Accused Gugula dealt a Farsha blow to the right leg. Accused Baidhara dealt Bhujali blow to the left hand, accused persons Rajat and Ashok dealt kick blows putting him on the ground. The informant could not react as he was threatened by accused Naba. Thereafter he along with Rajendra, Niranjana and others took the deceased to Kantipur Government Hospital. Doctor referred the deceased to Jajpur Hospital, but on the way, near Binjharpur, he succumbed to his injuries. After returning, at 3 P.M. the F.I.R. was lodged at spot which was registered at Aul Police Station vide P.S. Case No.70 of 1995, corresponding to G.R. Case No.518 of 1995. In course of investigation the post mortem was conducted by doctor P.W.10 referring Binjharpur U.D. P.S. Case No.12 of 1995. The seized articles including one Farsha were dispatched for chemical examination. After completion of investigation charge-sheet was submitted by O.I.C. Sumanta Swain. The S.D.J.M., Kendrapara took cognizance. As one accused namely Mantua Naik had absconded, the case against him was split up. The case was committed to the Court of Addl. Sessions Judge, Kendrapara against eighteen accused persons who faced charge U/s.302 and 506 read with section 149 of I.P.C. On being asked, the accused persons pleaded not guilty and claimed trial.

(3.) The plea of defence is denial simplicitor.