CHHATISH @ CHHAKADI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE three appellants, namely, Chhatish @ Chhakadi, Landa @ Bipin and Ashok @ Santosh alongwith eight co -accused persons faced trial for commission of offences under Sections 396/397/412 of the Indian Penal Code (for short 'the I.P.C.') and 9(b) of the Indian Explosive Act (for short 'the I.E. Act) in the court of learned Additional Sessions Judge, Angul in Sessions Trial No.106 of 2001/9 of 2001. By judgment and order dated 25.6.2002 the appellants and co -accused Gagan were convicted under Sections 396 and 397 of the I.P.C. and sentenced to undergo imprisonment for life under Section 396 of the I.P.C. and to undergo rigorous imprisonment for three years under Section 397 of the I.P.C. Other coaccused persons were acquitted of all the charges and appellants, and co990 INDIAN LAW REPORTS, CUTTACK SERIES [2012] accused Gagan were acquitted of the charges under Sections 412 of the I.P.C. and 9(b) of the I.E. Act. Being aggrieved, the appellants have preferred this appeal.

(2.) INFORMANT P.W.3 is deceased's husband's brother. Occurrence took place in the night of 8.5.2000.

(3.) PROSECUTION case is that at about 11 P.M., due to previous enmity, accused persons exploded bombs in the occurrence village Khirakolipasi and broke opon the door of informant's house, and assaulted deceased, informant's brother -in -law P.W.4, informant's mother Jema and informant's nephew Trailokya by means of tangis and bhujalis causing injuries. They also took away Rs.7,000/ - and gold ornaments such as tulasi patri, kana pendi and nakaputki etc. from the box and chumki from informant's wife. Thereafter, accused persons entered into and exploded bombs in the house of Raja Naik, assaulted the inmates, and took away Rs.5,000/ - and gold ornaments. Accused persons also entered into the house of Bhaskar Naik. On the basis of F.I.R. Ext.1 lodged by P.W.3, P.W.16 registered the case under Sections 395 and 397 of the I.P.C. and 9 of the I.E. Act and took up investigation. The deceased succumbed to injuries while receiving treatment in the hospital. On completion of investigation, charge -sheet was submitted against the appellants and co -accused persons.