MANOJ KUMAR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. S. Mohapatra, learned counsel for the appellants, Mr. J. Pattnaik, learned Senior Advocate appearing for the informant and Mr. A.K. Mishra, learned Standing counsel for the State.

(2.) Being aggrieved, the informant challenged the said order dated 7.7.2010 before the apex Court so far as it related to A-1. The apex Court by order dated 25th January, 2011 passed in Criminal Appeal No. 225 of 2011 arising out of SLP (Crl.) No. 8173 of 2010 allowed the appeal and cancelled the bail granted to A-1 by this Court with further direction to hear the matter afresh. After cancellation of bail, A-1 surrendered before the trial Court and he was taken into custody.

(3.) Learned counsel appearing for A-1 submitted that after the assassination of Swami Laxmanananda on 23.8.2008 there was a riot between two groups of people throughout the district of Kandhamal. Due to such commotion, houses were burnt and law and order situation of the district was totally disturbed. While the situation stood thus, on 27.8.2008 at about 6 P.M. the deceased along with his wife (informant, i.e., P.W. 6) and two daughters was going-towards Bhanjanagar on a bicycle. At Barepanga main road, the rioters obstructed them and surrounded the deceased. The rioters threw the articles kept on the bi-cycle and called some persons of Tiangia, Budedipada over mobile phone to the spot. About 100 rioters arrived there and assaulted the deceased with deadly weapons. They dragged him to the road side by tying his neck with a rope, assaulted brutally and killed him. The mob set fire to the body by sprinkling kerosene. The informant escaped from the spot, came to the relief camp and lodged the FIR next day i.e. 28th August, 2008. After receiving the FIR, the case was registered and investigation started. A-1 who was in custody in other cases was taken on remand on 23.10.2008. On completion of investigation, charge sheet was filed against both the appellants along with 18 other co-accused persons showing them as absconders. Charges were framed under Sections 147/ 148/341/342/302/201/149 IPC. After the case was committed to the. Court of Session, during trial A-1 was released on bail by this Court on 12.10.2009 in BLAPL No. 4995 of 2009. During trial, the prosecution examined 12 witnesses out of which P.W. 4 and P.W. 6 who are stated to be the eye-witnesses to the occurrence.