RADHESHYAM BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28.09.1996 passed by the learned Addl. Sessions Judge, Sambalpur in S.T.Case No. 238/14 of 1995-96 convicting the appellants for commission of offence under Sections 341/34, 302/34 and 323/34 I.P.C. and sentencing them to undergo imprisonment for life under Section 302/34 I.P.C., R.I. for three months under Section 323/34 I.P.C. and due to imposition of higher sentence for the offence under Section 302/34 I.P.C., no separate sentence has been awarded

(2.) The case of the prosecution, in nut-shell, is that on 19.05.1995 at about 10.30 P.M. one Dusmant Bhoi along with one Lalatendu Majhi, Sarpanch Kinaloi appeared at Katarbaga P.S. and orally reported to the O.I.C. that on that day in the evening he along with Babaji Bhoi was returning to village Kinaloi from Rengalpali in a cycle and at about 7.30 P.M. when they arrived near Jamumunda culvert, Bhagban Singh, Radheshyam Bhoi and Nira Bijar of Kinaloi being armed with hockey stick, bhujali and tangia wrongfully restrained them. Bhagban Singh and Radheshyam Bhoi went on assaulting Babaji Bhoi who cried "A Bua-A Bua", Nira Bijar assaulted Dusmant's waist by the handle of the tangia and drove him out from the spot and warned him not to disclose it to anybody else. On returning to the spot, Nira Bijar also assaulted Babaji Bhoi with a tangia, who ultimately succumbed to the injuries. Thereafter said Dusmant ran to the village and intimated the incident to his maternal uncle, Bhramarbar Bhoi and thereafter to Dayananda Bhoi, the father of Babaji Bhoi and returned to the spot with the villagers with lantern and torch light. On search, they noticed that Babaji Bhoi was lying dead on the side of the road near the culvert with bleeding injuries on different parts of his body. The O.I.C., Katarbaga Police Station reduced the oral report of Dusmant Bhoi into writing and read over

(3.) The plea of the accused appellants is of complete denial. They stated that in order to harass them the police had manufactured the papers and utilized those papers against them.