BHAGABAT MARANDI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Revision is directed against the impugned judgment dated 29 11 1999 passed by the learned Addl. Sessions Judge, Rairangpur in Criminal Appeal No. 121/3 of 1997 98 confirming the judgment passed in S. T. No. 34/123 of 1994 by the learned Assistant Sessions Judge. Rairangpur convicting the appellants under sections 147/148/323/ 341/342/149, I. P. C. and sentencing each of them to undergo R. I. for six months on each count except for the offence under section 341, I. P C. in respect of which each of them has been sentenced to S. I. for one month and directing the sentences to run concurrently.

(2.) CASE of the prosecution is that on 20 3 1993 at about 9.45 a.m. at Bhatchhatar crossing on N, H. 6, a truck bearing Registration No. WB 23 2191 dashed against one Aswini Kumar Nanda who succumbed to the injuries on the spot. On the information lodged by the A.S.I. of Bisoi Police Station, Bisoi, P. S. Case No. 26/93 was registered under sections 279/304A. I.P.C. During investigation the I.O. found commotion on the spot among the public who blocked the traffic demanding construction of humps on the road for which he communicated this fact over VHF to the O.I.C., Bisoi Police Station who in turn intimated the same to the S.D.M as well as S.D.P.O., Rairangpur. It is also alleged that on the way to the spot the O.I.C. found one Kasinath Majhi of Majhjgaon riding a Moped bearing No. OR 11 O250 in the middle of the road thereby obstructing the Jeep boarded by the S.D.M. and the S.D.P.O. from proceeding ahead inspite of horns blown for which the O.I.C. detained him and on demand when he failed to produce the documents of the Moped, he seized the vehicle and arrested him. After clearing the road while the O.I.C. was returning to the Police Station accompanied by the Havildar, D.N. Nayak, the accused persons along with others being armed with lathis and axe obstructed his Jeep and also the Jeep of the S.D.M. by putting logs on the road at about 5.30 p. m. , It is further alleged thatthe accused persons abused the S D,M. and others in obscene languages such as 'SALA, MAA GIHA, BHAUNI GIHA ETC.'. Thereafter the accused persons took away accused Kasinath Majhi forcibly from the Police Jeep thereby facilitating his escape from the police custody. That apart the accused persons dragged the informant, A.S.I. and Havildar out of the Jeep forcibly and confined them. Accused Bhagirathi while trying to give lathi blow on the informant, the latter snatched away the same from his hands lest he could have killed both of them. In the meantime when Mobile parties and O.S.A.P. force came there the accused persons fled away from the spot along with the wooden logs. After completing investigation the I.O. placed charge sheet against all the accused persons.

(3.) THE prosecution, in order to prove the guilt of the accused persons, examined twelve witnesses of whom p. w. 1 is the informant, p. w. 2 is Kasinath Mahanta, p. w. 3 is Kalicharan Mahanta, p. w. 4 is Sarat Chandra Rout, p. w. 5 is Dargha Marandi, p. w. 6 is Basanta Kumar Barik, p. w. 7 is jayagovinda Behera, p. w. 8 is Pratap Chandra Mahanta, p. w. 9 is Bishnu Prasad Panda, Sub Collector cum S.D.M., Rairangpur, p. w. 10 is Debendranath Nayak, p. w. 11 is Janak Nayak whereas p. w. 12 is the I.O. who investigated into the case and placed the charge sheet against the accused persons.