PRAMOD PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellants by presenting this Appeal have challenged the judgment of conviction and order of sentence dated 30.07.2010 passed by the learned Ad hoc Additional Sessions Judge, FTC No.II, Kandhamal, Phulbani in S.T. Case No.25 of 2010/S.T.-51 of 2010.

(2.) The prosecution case, in short, is that aftermath of killing of Hindu Saint Swami Laxmananda Saraswati on 23.08.2008, some Hindu fundamentalists identifying themselves as the followers of Bajrang Dal and Viswa Hindu Parishad attributed the criminal liability as to said assassination upon the members of the Christian community and this gave rise to communal violence in the District of Kandhamal. Therefore, members of the Hindu as well as Christian community hurled attacks and counter attacks.

(3.) In the Trial, the prosecution, in order to establish the charges against the accused persons, examined in total seven (7) eye witnesses. Besides the same, the written report (FIR, Ext.1), endorsement made in the Station Diary book of Police Outpost, Formal FIR, Seizure List, Spot Map etc have been admitted in evidence for their side. The defence examined none.