KANGRESS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants being convicted for imprisonment for life for commission of offence under Section 302 IPC and imprisonment for one month for the offence under Section 447 of the I.P.C in S.T. No.14/85 of 1999 passed by the learned Additional Sessions Judge, Khurda, have preferred the appeal.

(2.) Besides the absconded accused persons, seven accused persons including the present appellants have faced their trial in the aforesaid Sessions trial being charged with the offences under Sections 447/323/302/354/148/149 of the I.P.C. The other five accused persons, who faced trial along with the present appellants, though have been acquitted from the offence under Section 302 I.P.C, but were convicted under Section 447 of the I.P.C. However, their conviction is not the subject matter in the present appeal.

(3.) Brief facts of the case as narrated by prosecution are that, on 21.06.1998, deceased Jalandhar Dalbehera found the father of the appellants, namely, Jalandhar Lenka was uprooting the southern fence of their bari land and on protest, said Jalandhar Lenka abusing in filthy words called the other accused persons who reached there armed with Lathi, Muli etc., and they all forcibly entered into the bari of the deceased. The accused persons dealt blows on the deceased, causing injuries on his person. When the wife of the deceased, namely, Suryamani Dalbehera (P.W.12) protested it, one of the accused pulled her saree. In the meantime, the son of the deceased, namely, Pradip Dalbehera (P.W.11) who was taking bath nearby, reached at the spot and tried to rescue his father. The deceased fell down on the ground and hearing the shout as other witnesses gathered, all the accused persons left the spot.