KRUSHNA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both the appeals are directed against the judgment and order of the learned Sessions Judge, Ganjam in S.C. No.134 of 1998 and S.C. No.214 of 1998 holding all the three appellants guilty of charge under Sections 302/149,323/149 and 148 of the Indian Penal Code (in short 'I.P.C.') and sentencing each one of them to imprisonment for life for conviction under Section 302/149 of the I.P.C. and three years of imprisonment for conviction under Section 148 of the I.P.C. and one year of imprisonment for conviction under Sections 323/149 of the I.P.C. All the sentences have been directed to run concurrently.

(2.) The case of the prosecution is that on 21.9.1997 at about 9 P.M. the deceased Pintu Kothia was quarrelling with accused Krushna Mohanty. The informant Nilamadhab Bisoi (P.W.8) separated them and asked them to go home. Thereafter they started pelting stones at each other in front of the house of accused Krushna Mohanty. The informant Nilamadhab again intervened and separated them. At about 9.30 P.M. all the accused persons came to the house of the deceased at Brundabati Nagar and abused him. They returned back when they were told that the deceased was not in the house. While returning, they found the deceased standing near a water tap. All of them surrounded the deceased and assaulted him by means of sword and Soda bottle. The informant Nilamadhab ran to the spot and found the deceased lying with bleeding injuries. He along with Others shifted the deceased to M.K.C.G. College and Hospital, Berhampur and on arrival, the deceased was declared dead. Thereafter the informant Nilamadhab reported the matter at the Police Station at about 11.30 P.M. An F.I.R. was registered for commission of offence under Sections 302/323/148/149 of the I.P.C. and subsequently after investigation was completed, charge-sheet was filed for commission of offence under Section 148 of the I.P.C. for forming an unlawful assembly, under Sections 302/149 of the I.P.C. for committing murder of Pintu Kothia in furtherance of their common object and also under Sections 323/149 of the I.P.C. for intentionally causing hurt to P.W.3.

(3.) The prosecution examined 10 witnesses out of whom P.W.1 is the witness to the inquest. P.W.2 is the Doctor, who examined P.W.3, the injured. P.Ws.3, 5 and 6 are eye-witnesses to the occurrence. P.W.4 turned hostile and did not support the case of the prosecution. P.W.7 came to the spot and had only seen assault on P.W.3. P.W.8 is the informant and is also an eye-witness to the occurrence. P.W.9 is the Doctor, who conducted the postmortem examination and P.W.10 is the Investigating Officer. The plea of defence is false implication. One of the appellants, namely, Krushna Mohanty admittedly quarrelled with the deceased but took a plea that on 21.9.1997 at about 9 P.M. the deceased and his friends came to his house being armed with sword and attacked him. After receiving injuries, he left his house through his back door but denied the fact of committing murder of the deceased. Though charge-sheet was submitted against five accused persons including the present three appellants, two of them had absconded, namely, Gopa Dangua and Ranjit Mohanty and accordingly they did not face trial. The trial Court relying on the evidence of the eye-witnesses to the occurrence coupled with the injury reports found the appellants guilty of the charge and convicted them thereunder.