DINABANDHU LENKA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant questions the correctness of the judgment of conviction and sentence passed on 7/1/1995 by learned Additional Sessions Judge, Bolangir in S.T. Case No. 32/190 of 1993 whereby he was convicted for the offence under Sec. 332 IPC and sentenced to undergo R.I. for 8 months and to pay fine of Rs.500.00, in default, to undergo further R.I. for one month.

(2.) Be it noted here that the appeal was originally filed by two appellants including the present appellant and one Ramakanta Biswal but, during pendency of the appeal, the said Ramakanta Biswal having expired his appeal has abated.

(3.) Prosecution case, briefly stated, is that on 27/3/1993 the informant Swapna Ranjan Mohapatra, S.I. of Soro police station, along with APR personnel consisting of one Havildar, one Naik and eight other armed constables were on duty and had gone to apprehend the culprits in another case in the police jeep. While performing duty as such near Sabira Railway Passenger Halt Platform, they saw some persons dragging and manhandling a man named Rabindra Sial on the railway platform. The deceased appellant, Ramakanta Biswal was one of the culprits named in the FIR. When the informant and his staff intervened, the culprits assaulted then by lathis, iron rod and knife etc. They were assisted by 15-20 other persons who rushed to the spot at that time. The informant identified the deceased appellant Ramakanta Biswal who assaulted him from the back with an iron rod. Accused Debendra also dealt a lathi blow from his back side. The other personnel were also assaulted. The informant and others sustained bleeding injuries. On his return to the police station, the informant lodged the FIR on the basis of which Soro P.S. Case No. 81 of 1993 was registered under Ss. 395/397/332 IPC followed by investigation. After completion of investigation charge-sheet was submitted against them also under aforementioned Sec. .