PATHANI JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of sentence dated 22.02.2006 passed by learned Sessions Judge, Keonjhar inS.T. Case No.123 of 2005, convicting the appellants for offence under Sections 302, I.P.C. and sentencing each of them to suffer imprisonment for life.

(2.) THE occurrence happened at about noon on 11.11.2004 at Sailong Hudi. Deceased Sanjeeb and his brother -in -law (sister's husband) named Chittaranjan Jena were returning on a motorcycle. They heard shout from behind. Looking back they saw Dillip (Appellant No.5) and Manu (Appellant No.6) chasing them being armed with swords. Other two persons put stones in front of their motorcycle. Finding no way out, they left the motorcycle there and started running for their safety. The appellants, however, sorrounded deceased Sanjeeb and assaulted him with sword, farsa, etc., they were armed with. Sanjeeb fell down with bleeding injuries and others also chased Sanjeeb's brother -in -law (Chittaranjan). He could, however, escape. Prior to the incident, there was dispute between the deceased and the accused persons and the accused persons were threatening to kill the deceased. The matter was reported to the police and on completion of investigation charge - sheet was filed implicating the appellants in the offence.

(3.) LEARNED Trial Court, on consideration of the evidence obtained on record, found the appellants guilty under Section 302, I.P.C. and acquitted them of the charge under Section 120 -B, I.P.C.