REDDY RAMESH PRADHAN Vs. STATE

JUDGEMENT

(1.) THE appellants have assailed the order of conviction and sentence passed against them Under Section 148, 452/149 and 302/34, I.P.C. by the learned 2nd Addl. Sessions Judge, Berhampur in Sessions Case No. 26/94 (S.C. 13/94 G.D.C.) sentencing the appellants to undergo rigorous imprisonment for 2 years Under Section 148, 3 years Under Section 452/149 and rigorous imprisonment for life Under Section 302/34, I.P.C. with a direction that the sentences would run concurrently.

(2.) THE prosecution story as unravelled during the trial is as follows : On 29th March, 1993 around 9.00 A.M. a frenzied mob consisting of the appellants and the other accused persons (since acquitted) being armed with lathi, sword, cycle chain etc. made their forcible entry into the Huma High School campus raising slogans. They surrounded the residential quarters of P.W.4 Madhab Chandra Samant who was then the Hindi Teacher of the School and uttered provocative slogans. The mob demanded to spare the deceased Prakash, son of the Hindi Teacher into their custody so that they could assault him for setting fire to a house in their village. They also pelted stones at the quarters of P.W.4. as a result of which the window leaves and door leaves got broken. When deceased Prakash came out of the house, the members of the mob forcibly dragged him away to their village and assaulted on the way. At about 1.00 A.M. during the very same night one Narayan Mahankuda (P.W.5) came with the deceased to the house of P.W.4 being followed by accused persons, Fandi Kaman (not charge sheeted) and the appellants. After escorting the deceased to the house P.W.4, P.W.5 returned back to his house. On the following morning Prakash was found lying behind the school campus by the side of the Railway track in a seriously injured condition. P.Ws. 2 and 3 on receiving such information rushed to the spot. The deceased disclosed the names of the acquitted accused persons, Fandi Kaman (not charge sheeted) and the appellant as his assailants. P.W.3 arranged a vehicle for taking Prakash to Chhatrapur Government Hospital. Since his condition gradually deteriorated he was again shifted to M.K.C.G. Medical College Hospital, Berhampur where he succumbed to the injuries. While Prakash was under treatment, P.W.I lodged a report at the Out post on the basis of which investigation was taken up. After the deceased succumbed to the injuries, the Investigating Officer had sent the dead body for post mortem examination and took up the investigation. During investigation the house of the accused persons were searched and some incriminating weapons like bamboo lathis were recovered and seized. On completion of the investigation, charge sheet was placed against all the accused persons including the appellants, and the learned S.D.J.M. after having taken cognizance of the offence committed the case to the Court of Session.

(3.) THE prosecution has examined 8 witnesses to prove the culpability of the appellants. P.W.I was the Headmaster of Government High School, Huma. P.Ws. 2 and 3 were the witnesses to the dying declaration. P.W.5 was the Ward member of village Belapada belonging to the appellants under Subalaya Grama Panchayat. P.W. 7 was the Professor and Head of Department of Forensic Medicines and Toxicology in M.K.C.G. Medical College Hospital, Berhampur who conducted the post mortem examination on the dead body. P.Ws. 6 and 7 are said to be the Police Officers who investigated this case and submitted the charge sheet. The defence has examined one witness who was the Medical Officer of Chhatrapur Government Hospital where prakash was admitted as a patient at the first instance.