G. RANJAN AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE orders of conviction under Section 302/149. IPC against the accused -Appellants, under Sections 341/149. IPC against accused -Appellants Nos. 1 to 6 and under Section 148, IPC against Appellants 1 to 7 and the sentence to undergo imprisonment for life under Section 302/149 IPC to undergo S.I. for one month under Section 341/149. IPC and to undergo R.I. for two years under Section 148. IPC, the sentences were directed to run concurrently, passed by the learned Second Addl. District Judge. Berhampur in S.C. No. 44/285 of 1993 (GDC) have been assailed in this appeal.

(2.) THE essential facts leading to this appeal are as follows:

(3.) MR . Das, learned Advocate appearing for the Appellants has strongly contended that the prosecution case had in fact not occurred in the manner stated before the Court below. From his submission it has further appeared that due to political bitterness between the Appellants one hand and the deceased P. Lokanath along with P.Ws.1 to 4 on the other, there have been sufficient developments, manipulations, concoction and exaggeration of the prosecution case from time to time. There are full of improbabilities, absurdities and also concoction in the evidence of prosecution witnesses. From the evidence on record it has been strongly contended that there has been complete deviation from the F.I.R. story and the story presented in Court. In this background, learned 2nd Addl. Sessions Judge should have been wary and circumspect while scanning the evidence of prosecution witnesses.