DURYODHANA KHATUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, 13 appellants assail the judgment of conviction and order of sentence passed by the learned Sessions Judge, in S.T.No.16 of 1997 holding them guilty of offences under Sec. 148, 302, 307/149 of the Indian Penal Code 1860 (hereinafter referred to as "Penal Code") and sentencing them to undergo imprisonment for life. No separate sentence has been passed for the offence under Sec. 148, 307/149 of the Indian Penal Code. The sentence has been passed only under sec. 302/149 of the Indian Penal Code.

(2.) Bereft of unnecessary details the prosecution case is that the occurrence took place on 3/5/1996 at about 7 A.M., on the village road of village Kamira in front of the house of one Shyamsundar Dalal. On the preceding day i.e. 2/5/1996 at about 11 A.M. a quarrel ensued between the accused-appellant, Suresh Barik on one hand and deceased Hrudananda Pradhan on the other hand because of the fact that the accused Suresh Barik allegedly assaulted two labourers who worked in the sugarcane field of the deceased.

(3.) The accused took a plea of complete denial to the allegations. They further took the plea that the case against them has been foisted on false allegations on account of political rivalry.