JUDHISTHIR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioners assail correctness of judgment in appeal passed by learned AddI. Sessions Judge, Balasore maintaining the convictions and sentences under sections 148 and 323 of the Indian Penal Code, 1860 (in short the IPC) in respect of petitioners Sashibhusan Sabu, Krutibas Pradhan and Sanyani Pradhan and under sections 148 and 323/149, IPC against the rest of the petitioners.

(2.) Petitioners faced trial on the accusation that on 16.11.1982 one Sarat Chandra Mohapatta (informant-PW1) was cutting paddy in his field. At about 10 A.M. the accused persons being armed with deadly weapons came there and as saluted him and his laborers causing several injuries, some of which were grievous in nature. The matter was reported at Baliapal Police Station and F.I.R. was lodged. After investigation, charge-sheet was submitted and petitioners faced trial for offences under sections 147/14913231 325, IPC. On evaluation of evidence, accused Sashi, Krutibas and Sanyasi were found guilty under sections 148/323/325, IPC and they were found not guilty under sections 147/149, IPC while others were found guilty under sections 148 and 149 read with sections 323/325,IPC and were found not guilty under section 147,1PC. Accused Sashi, Krutibas and Sanyasi were sentenced to undergo rigorous imprisonment for three months six months and one year each for the offence under sections 148/323/325, IPC respectively and the other accused persons were sentenced to undergo rigorous imprisonment for three months, three months and six months each for the offences indicated above. The sentences were directed to run consecutively.

(3.) In appeal, learned AddI. Sessions Judge set aside the conviction under section 325, IPC s far as accused Sashi, Kr.utibas and Sanyasiar concerned, and conviction of all others in respect of offences under sections 325/149, IPC was also set aside. Sentences in respect of other offences as described were maintained.