DEBI PRASAD PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Common judgment dated 29-11-1994 of the learned Additional Sessions Judge, Koraput-Jaypore passed in S.C. No. 15 of 1994 and S.C. No. 24/94 convicting appellant No. 1 Debi Prasad Panda and appellant No. 6 Manoj Kumar Padhi, under Sections 147, 148, 302 of the Indian Penal Code read with S. 149 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for one year on each count and life imprisonment respectively, thereunder and further convicting the other appellants, namely, Laxmi Narayan Sahu, Prabir Barik, K. Dharma Acharya, Arun Kumar Dash, Ram Prasad Gantayat, Kali Naik, Sarat Chandra Sahu and Dambaru Muduli under Ss. 147 and 302 read with S. 149 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for one year and life imprisonment, respectively, thereunder with a direction to run the above sentences concurrently, is under challenge in these two Criminal Appeals which were heard analogously and are being disposed of by this common judgment.

(2.) The accused persons were put up on trial before the learned Additional Sessions Judge, Koraput-Jaypore on the accusation as unfolded from FIR (Ext. 1) lodged by Kali Prasad Rath (PW. 1) that on 9-5-1993 at about 5.40 p.m. while his brother Gouri Prasad Rath (deceased) was going from his house to his employer, all the accused persons, namely, Debi Prasad Panda, Babuli Sahu, Kadama Achari, Prabir Barik, Manoj Kumar Padhi, Sarat Sahu, Kali Naik, Dambara Naik, Sana Gantayat and Bulu were assaulting and dragging him from near the Masjit. At that juncture the informant, who was going to the market saw bleeding from the neck of his brother to whom, in spite of his request to leave, they dragged to Madala street to kill. He followed them. At that time, when accused Prabir Barik pulled his left leg, one of his shoes was slipped near Bagha Bhandar Chhak. Thereafter, the accused persons took the deceased towards Madala Sahi and near Municipality Gymnasium infront of house of one Rama Paik, accused persons Debi Prasad Panda, Kadama Achari, Babuli Sahu, Prabir Barik, Manoj Padhi and Sana Gantayat cut his neck by means of a sword, as a result of which he died there. It is also revealed from the FIR (Ext. 1) that at that time, the other accused persons were armed with knives, swords etc. and the incident was witnessed by Chaitanya Patra, Sarat Panigrahi, Rama Chandra Panigrahi, Surya Narayan Parichha and many others of the street. The inhabitants of the street and shop-keepers entered inside their houses out of fear seeing the activities of the accused persons, who showing their sword and knives threatened them to kill, if they would speak against them. On the report of PW. 1, to the above effect, Jeypore Town P.S. Case No. 32 of 1993 was registered by the I.I.C. of the said P.S., who directed Shri J.M. Patel, S.I. of Police to take up investigation during which the latter visited the spot, examined the witnesses, held inquest over the dead body of the deceased, sent the same for autopsy and after completing investigation of the case laid charge sheet against all the accused persons.

(3.) The accused persons, who pleaded innocence of the accusation, stated further during their examination under S. 313, Cr. P.C. that they have been roped falsely in this case by the witnesses, who are enemically disposed of towards accused Debi Prasad Panda.