NANDA SENAPATI AND 16 ORS. Vs. STATE

JUDGEMENT

(1.) THE Appellants, 17 in number, have all been convicted under Sections 147, 427 and 448/31 Indian Penal Code and each of them has been sentenced to R.T. for 18 months under each of the first two counts and to R.T. for 6 months under the last count by the learned Additional Sessions Judge, Puri with a direction that the sentence under different counts shall be concurrent and all the sentences shall run concurrently with the sentences given in a connected sessions trial.

(2.) SOME fishermen (locally known as Noliss) belonging to Andhra Pradesh were staying at Gundalba Sea beach within Kakatpur area of Puri District in three different camps, namely, Gundalba, Jahaniapir and Anaksna by setting' up temporary huts. They were catching fish from the sea and were transporting a part of their catch to Andhra Pradesh and the rest of their catch was being sold in the local area at a rate cheaper than the prevailing rate. That had given rise to trade rivalry between the local fishermen on one hand and these Andhra fisherman on the other. On several occasions the local fishermen had tried to drive them away. It is said that, nearabout dawn time on 22 -11 -1965 about 700 to 800 persons, mostly the local fishermen, came armed with lathis and rowing sticks to Gundalba camp and demolished the huts, damaged the fishing nets, the boats and also looted the belongings of the Andhra fishermen. Out of fear the women folk and children of the Andhra fishermen ran away to the neighbouring villages. P.W. 1, a local fisherman, had raised a hut in the neighbourhood mainly for buying dry fish from these Andhra Fishermen. His hut was also damaged. The prosecution alleged that after demolishing the camp at Gundalba, the riotous mob proceeded to Jahaniapir and ransacked the huts and looted the properties there. They did so also at the Anakaua camp. P.W. 20 lodged a First Information Report (Ext. 8) at about 7 A.M. at the Udayapur outpost which was located a few kilometers away. The F.I.R. (Ext. 8) was sent to the Kakatpur P.S. and the A.S.I. at the outpost proceeded to the spot. The Officers -in -charge arrived at the spot two days after the occurrence. It is said that two more F.I.R. were lodged with the Officer -in -charge one being Ext. 1 by p.w. 1 and the other being Ext. 6 by p.w. 17. In the first F.I.R. (Ext. 8) there was no name of any of the accused persons, but in the latter ones more particulars had been given. The first two F.I.R. related to the incidents' mainly at Gundalba while the third F.I.R. substantially confined its allegations to the events at Anakana.

(3.) THE defence was one of total denial of the prosecution case. They contended that there was already previous litigation and the relationship had become strained. In order to harass the local fishermen this false case had been connected.