GANDA BAGH Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the order dtd. 16/5/2003 passed by the Additional Sessions Judge, Sonepur in Sessions Case No.82/90 of 2001.

(2.) By the impugned judgment, 8 accused persons were held guilty for the offence punishable under Sec. 148 IPC while 3 of the accused viz., Ganda Bagh, Chaitan Bagh and Timan Bagh (Accused Nos.1, 3 and 7 respectively) (hereafter A-1, A-3 and A-7 respectively) were held guilty for the offence punishable under Ss. 302 read with Sec. 34 IPC. The other accused persons were held guilty under Sec. 302 read with Sec. 149 IPC. Additionally, Kunar Bagh (A-8) was held guilty under Sec. 323 IPC and the remaining under Ss. 323 read with Sec. 149 IPC. Timan Bagh (A-7) was held guilty under Sec. 324 IPC and the other under Ss. 324 read with Sec. 149 IPC. Ramesh Bagh (A-5) was held guilty under Sec. 326 IPC and the other accused under Ss. 326 read with Sec. 149 IPC.

(3.) As far as the sentence is concerned, Ganda Bagh (A-1), Chaitan Bagh (A-3) and Timan Bagh (A-7) were sentenced under Ss. 302/34 IPC and the remaining under Sec. 302/149 IPC to undergo rigorous imprisonment (RI) for life. For the offence under Sec. 323 IPC and Sec. 323 read with Sec. 149 IPC each of the accused was sentenced to undergo RI for six months; for the offence under Sec. 324 and Sec. 324 read with Sec. 149 IPC to undergo RI for one year and for the offence under Sec. 326 and Sec. 326 read with Sec. 149 IPC to undergo RI for five years; for the offence under Sec. 148 IPC each of the accused was sentenced to undergo one year RI. All sentences were directed to run concurrently.