PRAMOD BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellants, by filing this Appeal, have impeached the judgment of conviction and order of sentence dtd. 18/3/2019 passed by the learned Additional Sessions Judge, Bhanjanagar in S.T. No.21 of 2016 arising out of G.R. Case No.170 of 2014 corresponding to Badagada P.S. Case No.77 of 2014 of the Court of the learned Judicial Magistrate First Class (J.M.F.C.), Sorada.

(2.) Prosecution case is that on 3/6/2014 around 7 a.m. Chandra Nayak (deceased) who happens to be the brother of Bhaba Charan Nayak (P.W.14) had gone to village Gangapur on his Motor Cycle after having sent his Tractor to get a load of sand from Sorada. While returning to his village from Gangapur through Badagada, it is said that persons, namely, Tuna Swain, Kishore Panda and Raju Sethi (arraigned as accused and have been acquitted) who were having enmity with the deceased followed him. So, it is said that they had hatched a criminal conspiracy at Badagada Chhak with two others, namely, Sima Behera and Panchu Behera (arraigned as accused and since acquitted). It was around 8.30 a.m. on the way near the house of one Mahadev Gouda, these accused persons, namely, Pramod Behera, and Baya Behera with three others, namely, Basanta Behera, Susanta Behra and Sarata Behera (arraigned as accused and since acquitted) restrained the deceased with the help of a rope. It is stated that Basanta, Susanta and Sarata (since acquitted) caught hold of the deceased and these two accused persons then assaulted him by means of Kati and Katua causing bleeding injuries on his head and neck leading to his death.

(3.) Learned J.M.F.C., Sorada having receipt the Final Form as above took cognizance of the said offences and after observing the formalities committed the case to the Court of Sessions for trial. That is how the trial commenced by framing the charges for the said offences against these accused persons and seven others.