DARA SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 22/9/2007 passed by the learned Sessions Judge, Mayurbhanj in Sessions Trial No.188 of 2000 arising out of G.R. Case No.290 of 1999 corresponding to Mahuldiha P.S. Case No.34 of 1999.

(2.) By the impugned judgment the Appellants have been convicted for the offences punishable under Ss. 323, 302, 436, 452 read with Sec. 149 IPC and under Ss. 147 and 148 IPC. For the offences punishable under Sec. 302/149 IPC, they have been each sentenced to rigorous imprisonment (RI) for life and to pay a fine of Rs.10,000.00 and in default to undergo RI for one year; for the offence under Sec. 436 IPC to RI for seven years and to pay fine of Rs.5000.00 and in default RI for six months; for the offence under Sec. 452 IPC RI for five years and fine of Rs;.5000/- and in default RI for six months; for the offence under Sec. 323 IPC, RI for one year for the offence punishable under Sec. 147 IPC, RI for two years and for the offence punishable under Sec. 148 IPC, RI for three years. All sentences were directed to run concurrently.

(3.) The case of the prosecution is that on 1st/2/9/1999 at around 2 am in the night when some persons belonging to the Christian community were performing a dance in front of the Jambani Church, the present Appellants along with some others armed with lathis formed an unlawful assembly, trespassed into the church and asked for Father Arul Doss who was sleeping in a room in the church. Hearing their noise Kete Singh Khuntiar (Informant, PW 3) came out of the mosquito net in which he was sleeping. Somebody assaulted PW 3 on the rear of his head by a lathi and he became senseless. When after some time he regained his senses, PW 3 heard Father Arul Doss shouting loudly. Out of fear, PW 3 went into the jungle and informed the Sarat P.S. This information was ultimately forwarded to the jurisdictional P.S. at Mahuldiha the following morning i.e. 2/9/1999. The FIR was registered as Mahuldiha P.S. Case No.34 of 1999. The FIR was against four unknown persons.