ASHOK DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision application is directed against the judgment dated 4-1-1999 passed in Criminal Appeal No. 13 of 1999 by which the Addl. Sessions Judge, Jagatsinghpur, has confirmed the order of conviction and sentence passed by the Chief Judicial Magistrate-cum-Asst. Sessions Judge, Jagatsinghpur, in S.T. Case No. 499/95 arising out of G.R. Case No. 417/94 convicting petitioner Nos. 6 and 7 under Section 304, Part II/34 of the Indian Penal Code ('I.P.C.' in short) and sentencing each of them to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000.00, in default, to undergo R.I. for a further period of two months. The trial Court also convicted petitioner Nos. 1 to 5 under Section 323/34, I.P.C. and sentenced each of them to undergo R.I. for six months and to pay a fine of Rs. 500.00, in default, to undergo R.I. for one month more.

(2.) The petitioners (hereinafter referred to as 'the accused') stood charged under Sections 341/323/324/294/304/34, I.P.C. for wrongfully restraining the deceased Brundaban Das; for voluntarily causing hurt to one Nabaghan Das and Kusa Das; for voluntarily causing hurt to the deceased Brudaban Das by means of Farsa; for abusing the deceased Brundaban Das in vulgar words in public place to his annoyance and for causing death of the deceased-Brundaban Das by assaulting him by means of a Farsa with the intention of causing such injury as was likely to cause his death in furtherance of their common intention.

(3.) Shorn of unnecessary details, the factual backdrop as depicted by the prosecution is that on 19-5-1995 at about 7 p.m. the accused persons suddenly came to the house of the informant (PW 2) and threw earth from the side wall of the house of PW2 and accused Narahari Das caught hold of the deceased-Brundaban Das and accused Birabar Das gave a Frasa blow on his head. Soon after, when the family members of PW 2 arrived at the spot, accused Dilip Das and Gobinda Das assaulted them by means of Lathis. Accused Aruna Das gave a thrust to the foundation of PW 2's house by means of a Lathi. After the assulat, the informant and his family members ran away from the spot. Accused Dilip Das and Gobinda Das entered inside the house of PW 2 and took away certain household articels and two bags of paddy and forcibly detained Nabaghan Das, the elder brother of the informant, in order to assault him. F.I.R. as per Ext. 1 was lodged at Jagatsinghpur Police Station whereafter investigation followed on completion of which charge sheet was submitted against the accused persons, who stood their trial for the offences already indicated above.