LAXMIDHAR SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE three appeals are directed against the judgment and order dated 20.7.1996 passed by the learned Sessions Judge, Keonjhar in Sessions Trial No.68 of 1994 in which the six appellants faced trial along with 10 co -accused persons for commission of offences under sections 148, as well as 341 and 302 read with 149 of the Indian Penal Code (for short I.P.C. ). While acquitting the co -accused persons, the learned Sessions Judge convicted the appellants for commission of offences under which they stood charged and sentenced each of them to undergo imprisonment for life under section 302 read with 149 of the I.P.C. No separate sentence was passed for commission of offences under sections 148 and 341 read with 149 of the I.P.C. Aggrieved, appellants have preferred the present appeals.

(2.) ACCUSED persons are residents of occurrence village Dantia. Deceased Bishnu Prasad Mallik was their co -villager. Prosecution case is that prior to the occurrence some of the residents of the occurrence village cut and removed laterite stones from nearby reserved forest in connection with which deceased, P.W.2 who is agnate brother of the deceased, and others made allegations against accused persons before Forest Guard P.W.6. P.W.6 seized laterite stones from the spot and kept in zima of the deceased. It is alleged that infuriated by the above incident, on 30.12.1993 at about 6 P.M. the accused persons surrounded and brutally assaulted the deceased by means of lathis, iron rods, etc. when he was returning home on a bicycle. Deceased sustained injuries, shouted and fell down at the spot. When people gathered the accused persons fled away. Being informed about the occurrence deceased s father s brother informant P.W.1 came to the spot. Deceased was taken to Sainkul C.H.C. and thereafter to S.C.B. Medical College and Hospital, Cuttack where he succumbed to the injuries on 31.12.1993. On presentation of written report Ext.1 by P.W.1 at Sainkul Out Post at 7.P.M. on 30.12.1993, P.W.11 Sub -Inspector of Police made station diary entry, sent the report for registration to Ramchandrapur Police Station and took up investigation. On completion of investigation, charge -sheet for commission of offences under sections 147,148,149,341,323,325,307 and 302 of the I.P.C. was submitted against the accused persons.

(3.) APPELLANTS took plea of complete denial. In addition, appellant Bhupati Bhusan Mallik took a plea of alibi.