PANDABA RANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is against the judgment/order dated 23-11-1995, passed by the Sessions Judge, Balangir, in Sessions Case No. 60 of 1995, convicting the appellants under Section 302, Indian penal Code and sentencing them to undergo rigorous imprisonment for life. They were further convicted under sections 147 and 148. Indian Penal Code, and sentenced to undergo rigorous imprisonment for one year on each count.

(2.) The gist of the prosecution story as revealed from the impugned judgment of the learned Sessions Judge is as follows: On 28-1-1991 at about 7.00 A.M., Abadhuta Rana (P.W. 1) and his father Kalarsingh Rana had been to the house of one Basudev Kumbhar of village Bhatapada on a bicycle to get back their she- buffalo pawned with him. After discussing with him when they were returning on the bi-cycle, the appellants all of a sudden appeared from a nearby paddy field of one Dasarathi Bag. Three of them were holding one tangia each and appellants Pandab Rana and Jira Rana were armed with bamboo lathi, Abadhuta Rana (P.W. 1) on seeing the appellants suddenly applied brakes and lost balance as a result of which his father fell down on the ground. After Kalarsingh Rana fell down on the ground, these appellants allegedly started assaulting him as a result of which he succumbed to those injuries, Abadhuta Rana after seeing the assault on his father rushed to the police station and immediately submitted a report which was treated as F.I.R by the officer-in-Charge, Belapada P.S., who registered P.S. Case, No. 5 of 1994 and immediately swung into action. In course of investigation the Investigating Officer examined the eye witnesses, namely P.Ws. 1 and 4, held inquest on the dead body of Kalarsingh Rana and seized the garments of the deceased, the cycle one tangia from the spot. He sent the dead body for post-mortem examination and the material objects to RF.S.L., Sambalpur for opinion and after completion of investigation, placed charge- sheet against these appellants.

(3.) The plea of the appellants was one of complete denial before the trial court.