BHALU SAHU @ NARAYANA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) BOTH the appeals are directed against the judgment and order dated 8.11.2005 passed by learned 1st Additional Sessions Judge, Berhampur in Sessions Case No. No.36 of 2005 (Sessions Case No.89 of 1998-GDC) convicting the appellants for offences punishable under Sections 294, 323 and 341 read with Section 149 of the I.P.C. Each of the appellants has been sentenced to undergo S.I. for three months under Section 294 read with Section 149 of the I.P.C., S.I. for one year under Section 323 read with Section 149 of the I.P.C. and S.I. for one month under Section 341 read with Section 149 of the I.P.C.

(2.) THE alleged occurrence took place on 13.5.1997. The informant P.W.5 was working as Assistant Sub-Inspector of Excise, Berhampur during that period. Prosecution case is that on the date of occurrence the informant P.W.5 went to City Hospital, Berhampur in his scooter. At about 9.30 A.M, when he reached the Hospital gate, the appellants and co-accused persons restrained by surrounded him, abused him in obscene language, threatened to kill him, assaulted on his belly, chest and face and snatched away Rs.1470/- from his pocket. At the time of occurrence appellant Santosh Kumar Behera and Udaya Kumar Behera brandished knives. When the informant P.W.5 fell down on the road as a result of assault by the accused persons, he was dragged and trampled by them. The informant P.W.5 became unconscious. He was taken to City Hospital, Berhampur and admitted as an indoor patient. P.W.7, who was working as Sub- Inspector of Excise, Berhampur, on getting telephonic information regarding the occurrence, went to the spot and thereafter to the Hospital along with his staff. Investigating police officer P.W.6, who was working as Sub-Inspector of Police, Berhampur Town P.S., also got telephonic message regarding the occurrence at about 10.00 A.M. upon which he made Station Diary Entry No.487 dated 13.5.1997, and, being directed by the Inspector-In-Charge, went to the spot and the Hospital. Informant P.W.5 regained his sense at about 5.00 P.M. and narrated regarding the occurrence. On the basis of First Information Report Ext.4 scribed by informant P.W.5's son, Berhampur Town P.S. Case No.99 of 1997 for commission of offences under Sections 147, 294, 323, 325, 506 and 379 read with Section 149 of the I.P.C. was registered against the appellants as well as two other named accused persons and 'others'. In course of investigation, P.W.6 examined the witnesses and effected seizure of articles including blood stained banian and shirt of informant P.W.5 under seizure list Ext.5 and outdoor patient register of the Hospital under seizure list Ext.2. On completion of investigation, charge-sheet was submitted against the appellants and two others for commission of offences under Sections 147, 341, 294, 307 and 379 read with Section 149 of the I.P.C. Co-accused Moheswar Sethi having absconded, the appellants and co-accused A. Moheswar Rao faced the trial.

(3.) IN order to substantiate the allegations, prosecution examined seven witnesses, P.Ws.1 to 7, of whom P.Ws.5, 6 and 7 have already been introduced. P.W.1 is a doctor, who medically examined the informant P.W.5 and issued injury report Ext.1. P.W.2 was a witness to seizure of outdoor patient register of the Hospital under seizure list Ext.2. P.Ws.3 and 4 did not support the prosecution case. Prosecution also placed reliance on the documents marked Exts.1 to 6 and material exhibits M.Os.I and II, informant's banian and shirt. No evidence, oral or documentary, was adduced by the defence.