KAMARAMI RAMA & OTHERS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants were convicted under Section 148 of the Indian Penal Court (hereinafter referred to as 'I.P.C.' in brevity) and under Section 302 read with Section 149 of the I.P.C. and sentenced to undergo for six months rigorous imprisonment for the former while imprisonment for life for the later in the judgment dated 31.05.1999 in Sessions Case No. 72 of 1999 passed by learned Additional District and Sessions Judge, Malkangiri.

(2.) Tersely put, prosecution case is that on 11.09.1997 at about 6.00 P.M. in village Erbanpalli deceased Kamarami Nanda was guarding his paddy field. His daughter P.W.4 was present there. All the accused persons being armed with bows and arrows chased him shooting arrows, the deceased ran and fell down at a distance and succumbed to injuries. On next day at 12.00 Noon the nephew of the deceased reported the matter in written at Podia Police Out-Post. The A.S.I. (P.W.8) made station diary entry and sent the F.I.R. to the O.I.C., Kalimela Police Station where the same was registered vide Kalimela P.S. Case No. 35 dtd. 13.07.1997. The A.S.I. took up investigation, arrested the accused persons, examined the witnesses and conducted inquest over the dead body. Doctor (P.W.6) conducted postmortem on 13.07.1997 and submitted postmortem examination report Exhibit-3 and also opinion as to the seized M.Os. vide Ext.4. After completion of investigation Charge-sheet was submitted. Learned Judicial Magistrate, First Class, Motu took cognizance and committed case to the Court of Session. All the appellants faced trial for offence under Section 148 of the I.P.C. and Section 302 read with Section 149 of the I.P.C.

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