PRAMOD KUMAR KHADAMSINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 15.12.90 passed by Shri B. K. Patnaik, Second Additional Sessions Judge, Puri in Sessions Trial No. 41/267 of 1989 convicting the thirteen appellants (hereinafter referred to as 'the accused persons') under Sections 302/149/148/326 of the Indian Penal Code (hereinafter referred to as 'IPC') and under Section 9 B of the Indian Explosive Act and sentencing accused persons Nos. 1 and 2 to undergo imprisonment for life under Section 302 IPC and the other eleven accused persons to undergo imprisonment for life for the offence under Section 302/149 IPC. All the aforesaid thirteen accused persons have also been sentenced to undergo rigorous imprisonment for two years for the offence under Section 148 IPC; accused persons Nos. 4, 7, 9, 11 and 12 have further been convicted under Section 326 IPC and sentenced to undergo rigorous imprisonment for three years; and accused persons Nos. 1, 2 and 11 have also been convicted under Section 9 B of the Indian Explosive Act and sentenced to undergo rigorous imprisonment for six months. The substantive sentences of imprisonment have been directed to run concurrently. Other ten accused persons in the trial have been acquitted of the charge.

(2.) THE facts leading to this appeal are as follows : On 27.2.1989 at about 10 a.m. when the informant (P.W. 1), his father (deceased) and other members of their party were going to catch fish in a rivulet known as 'Baruna Jora', the accused persons and others belonging to their group went there armed with bombs, lathis and 'Farsas' and surrounded and attacked them. It is alleged that accused No. 1 exploded two bombs which struck the deceased, as a result of which he fell down. Accused Tofan Sahu dealt a Farsa blow on the right thigh of the deceased and accused Purushottam Chhotray exploded another bomb which struck the right thigh and scrotum of the deceased, resulting in severe burn injuries. Accused Gurubari Jena and accused Sanatan Jena assaulted the deceased by means of lathis who became unconscious. Thereafter the accused persons assaulted PWs, 6, 7, 8, 9, 10, 11 and 12. Accused Bijan Sahu alias Bijan Kumar Sahu assaulted P.W. 8 as a result of which his right little finger was severed. After the assault, the assailants fled away from the spot believing that the deceased had succumbed to the injuries. After departure of the assailants, the deceased was carried to Kanas Primary Health Centre and all the injured persons also went to the said P.H.C. where they were treated by the medical officer (P.W. 13), who also recorded the dying declaration of the deceased before referring him to the District Headquarters Hospital, Puri for better treatment where he succumbed to the injuries. The informant (P.W. 1) reported the occurrence at the Kanas Police Station and the O.I.C. of that P.S. (P.W. 20) registered the case and took up investigation. During the investigation P.W, 20 visited the spot, examined witnesses, sent requisition for medical examination of the injured persons, conducted inquest over the deadbody of the deceased and sent the deadbody for post mortem examination. He seized the blood stained earth and other materials from the spot and weapons of offence from the accused persons. After completion of the formalities of investigation, P.W. 20 submitted chargesheet against twenty three accused persons who stood their trial. Out of them, the present thirteen accused persons were convicted as stated earlier and the other ten accused persons were acquitted.

(3.) IN support of its case, prosecution has examined twenty two witnesses and the defence has examined none.