BUDHA SINS KUMAR BOSE Vs. STATE OF ORISSA

JUDGEMENT

(1.) The six appellants have filed this, appeal, inter alia challenging the judgment and order of conviction passed by the learned Additional Sessions Judge, Kendrapara, convicting them under Sections 302 read with Section 149 of the Indian Penal Code (for short. the 'I.P.C.) and sentencing appellants Budha alias Sins Kumar Bose, Niru alias Niru Kumar Bose, Babua alias Sudhir Kumar Bose and Nandua alias Sunil Kumar Bose to undergo rigorous imprisonment for life. The other appellants being ladies, were sentenced to undergo rigorous imprisonment for ten years each. All the appellants are also sentenced to pay a fine of five thousand rupees, in default, to undergo rigorous imprisonment for two years.

(2.) Shorn of unnecessary details, the short facts stated in the first information report lodged by Chandi Prasad Bose (P.W. 2) on August 6/1992 at 2.00 p.m. at the Kendrapara Police Station is as follows: On August 6/1992 when informant was discharging his duties at his office he received information from one Sridhar Das that the sons of Late Atala Behari Bose have trespassed into their house and creating trouble. The informant immediately rushed to his house and came to know from his wife, daughter and other family members that at about 10.00 A.M. while his two sons i.e. Sudhendu Kumar Bose alias Muna and Pratap Kumar Bose alias Balu were busy in thatching their cowshed by engaging two. Labourers, all the sons of Atala Behari Bose, being Sins Kumar Bose, Niren Kumar Bose, Sudhir Kumar Bose along with their mother Swarnamayee and sister-in-law Puspalata forcibly restrained his sons from thatching the cow-shed. They also abused his wife daughter and daughter-in-law in obscene languge and assaulted them when his sons protested appellants Sins Kumar Bose, Niren Kumar Bose, Sudhir Kumar Bose and Sunil Kumar Bose caught hold of both his sons and appellant Biren Kumar Bose dealt a 'Tenta blow on the neck of his son Balu alias Pratap (hereinafter referred to as the deceased) causing severe bleeding injury. The injured was shifted to the Kendrapara Hospital by his sons and daughter with the help of one Naik Babu for treatment. The informant went to the hospital and learnt that as the condition of his son was alarming he was shifted to the S.C.B. Medical Collage Cuttack in ambulance. It is stated that the incident was witnessed by Smt. Shantilata Bose, Smt. Anjalibala Bose, Nanimohan Bose and others being Naik Babu, Chema Rout and the labourers.

(3.) On receiving the report. a police case under Section 307/34. I.P.C. was registered and the investigation commenced. While the matter stood thus the investigating officer received information from the Mangalabag Police Station that injured Balu alias Pratap had succumbed to the injuriesat 1.45 p.m. After completion of the investigation the 1.0. submitted charge-sheet against all the aforesaid appellants under Section 302 read with Sections 148 and 149, I.P.C.