MATA NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) These three appeals are directed against the same impugned judgment and order dtd. 19/4/2001 passed by the learned Sessions Judge, Kandhamal-Boudh, Phulbani in S.T. Case No.77 of 1999 convicting the Appellants under Ss. 147,148,452/149 and Sec. 302 read with Sec. 149 of IPC and sentencing them to undergo life imprisonment under Sec. 302 read with 149 IPC; three years RI for the offence under Sec. 452 read with Sec. 149 IPC and RI for one year for the offence under Sec. 148 of the IPC. All sentences were directed to run concurrently.

(2.) CRA No.94 of 2001 is by Mata Nayak and fourteen other accused persons. CRA No.191 of 2001 is by Dillip Kumar Mallik and CRLA No.804 of 2018 is by Kalia Pradhan @ Amiya Kumar Pradhan.

(3.) The case of the prosecution is that one Pradeep Mallik of village Duguripari, P.S.-G. Udayagiri, District-Kandhamal died in the morning of 11/11/1998. The villagers held a meeting near a village well and held the deceased Chandra Sekhar Pradhan responsible for Pradeep Mallik's death by practicing sorcery. The meeting said to have ended with some disturbance. At about 9 PM on that date around 15 to 20 persons came from the meeting place, knocked at the door of Chandra Sekhar's house. Some of them forcibly entered the house and dragged him out and assaulted him.