STATE OF ODISHA Vs. MANOJ KUMAR PRADHAN

JUDGEMENT

(1.) The State is seeking leave to appeal against the judgment dtd. 29/6/2010 passed by the Adhoc Additional Sessions Judge, Fast Track Court No.1, Phulbani in S.T. Case No.174/64 of 2009 arising out of Raikia P.S. Case No.58 of 2008 corresponding to G.R. Case No.210 of 2008. By the impugned judgment while acquitting the Opposite Parties-accused for the offences punishable under Ss. 148/201/341/342 read with Sec. 149 of IPC and Sec. 302 read with Sec. 149 of IPC, the trial Court proceeded to convict them for the offences punishable under Sec. 326 read with Sec. 149 of IPC and Sec. 147 of IPC. It sentenced them to Rigorous Imprisonment (RI) for seven years and to pay a fine of Rs.5,000.00 and in default to undergo RI for six months for the offences under Sec. 326 read with Sec. 149 of IPC, and to undergo RI for one year and to pay a fine of Rs.1,000.00 and in default to undergo RI for three months for the offences under Sec. 147 of IPC.

(2.) The State is seeking leave to appeal only to the extent that the trial Court has acquitted the Opposite Parties for the remaining offences as noted hereinbefore.

(3.) The case of the prosecution was that to avenge the death of Swami Laxmanananda on 23/8/2008, the Opposite Parties formed an unlawful assembly, set fire to the houses of the Christians and brutally assaulted some of the Christian persons, which included P.W.6, who happened to be the wife of the deceased. After one such burning incident, she along with her husband and two minor daughters are stated to have hidden inside the forest to save their lives. After knowing of the killing of three persons in her village, P.W.6 and the deceased along with their children left by a bicycle towards Bhanjanagar between 2 and 3 pm on 25/8/2008. At the Barepanga square, between 4 and 5 pm, the two accused (Opposite Parties) along with certain others are stated to have obstructed them. The accused are alleged to have called some persons of village Tiangia on their mobile phone. Thereafter, about 100 persons of that village arrived and started assaulting her husband with various deadly weapons. After the husband fell down having received severe injuries, the mob covered him with dried firewood and set his body on fire by sprinkling kerosene. According to P.W.6, the Opposite Parties actively participated in commission of the said crime.