NAROTTAM DAS AND ANOTHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 16.9.1989 passed by the learned Additional Sessions Judge, Jajpur in S.T. No. 289 - 46 of 1988 convicting the appellants under section 307 read with Sec. 34 of the Indian Penal Code (in short, "I.P.C."). Both the appellants were sentenced to undergo rigorous imprisonment for four years each and to pay fine of 2,000.00, in default of which to undergo further rigorous imprisonment for three months for the offence under section 307 read with Sec. 34 of the Indian Penal Code. The learned Additional Sessions Judge, Jaipur however though found appellant Narottam Das guilty under section 27 of the Arms Act but did not impose any separate sentence in view of the sentences awarded to him for the offence under Sec. 307 of the I.P.C.

(2.) The case of the prosecution is that the injured informant Suvendu Kumar Panda (P.W. 1) was returning from Mangalpur 'Hata' in a bicycle on 29.11.1987 afternoon along with one Banchhanidhi Das (P.W. 2) who was a pillion rider. The F.I.R. further discloses that around 4.30 p.m., when P.W.'s. 1 and 2 were near the house of Nursingha Das both the appellants obstructed their way and forcibly detained them. It is further alleged that the appellant No. 1 namely, Narottma Das threatened to do away with the life of P.W. 1 and thereafter brought out a small gun and opened fire as a result of which P.W. 1 sustained bullet injury on his left arm and sustained profuse bleeding injury and thereafter appellant No. 2, Narayan Das when chased P.W. 1 with a big knife P.W. 1 ran towards the house of Bijoya Kisohre Samal (P.W. 8) crying. On hearing the hue and cry raised by P.W. 1 when villagers in number arrived, the two appellants filed away. Information about the occurrence was lodged in writ in before the O.I.C., Mangalpur Police Station (Exit. 1). Police on receipt of the said information, registered a case and took up investigation. On completion of the investigation getting prima facie materials charge-sheet was placed against the two appellants under sections 341, 307 and 326 read with Sec. 34 of the I.P.C. as well as under sections 25 and 27 of the Arms Act.

(3.) The plea of the two appellants was that of complete denial of the entire occurrence. On the other hand it is their further plea that they have been falsely implicated in this case as the appellant Narottam Das in a case of kidnapping of one Sandhyarani Samal by the elder brother of P.W. 1 had stated in a village meeting in favour of the victim girl.