ARJUN THAKUR Vs. STATE

JUDGEMENT

(1.) The appellants along with two others namely Ranku alias Ramesh Singh and Sukadev Singh alias Sukha allegedly committed acts attracting culpability for punishment under Sections 307 and 506 read with Section 34 of the Penal Code, 1860 (in short, 'IPC'). The appellants (hereinafter referred to as the 'accused') faced trial before the learned Additional Chief Judicial Magistrate-cum-Assistant Sessions Judge, Rourkela, who found them guilty for offences punishable under Sections 307, 506 read with Section 34 IPC and convicted them. Each of them was sentenced to rigorous imprisonment for ten years for the offence under Section 30, IPC and two years for the offence under Section 506, IPC. The sentences were directed to run concurrently. The trial was taken up in respect of the present appellants as the other two were considered to be absconders.

(2.) The factual matrix of prosecution version runs as follows : On 10-12-1989 at about 3.30 p.m. Dipu alias Devendra Sharma, Mathews Phillips and Kailash Upadhyaya were talking. by the road side in front of spare part shop of the last named, styled J. K. Auto Traders situated on the Power House Road. At that time an autorickshaw bearing registration no. DIO 6547 driven by Sukadev Singh alias Sukha stopped near them and accused Arjun Thakur alighted with a revolver, and accused Santosh alias Tian Barik and accused Ranku alias Ramesh Singh with a knife each in hand. Accused Arjun threatened Dipu at the point of revolver for having given evidence against one of his friends, who had done away with the life of a man, a hardcore criminal. Accused Santosh placed a knife on his left side neck and also threatened him. Dipu caught hold of that knife to save himself but Santosh snatched away the knife causing incised injury on his right palm. Santosh asked him to go to the tempo with them. Since he resisted, Arjun threatened to kill him by means of a revolver, Suddenly Ramesh gave a stab blow on his belly with a knife, with the motive and intention to kill him. Since all these happened in the broad day light, there was turmoil in the locality, even tempo of life was disturbed and people started running helter-skelter. Purushottam Sharma, father of Dipu (P.W. 1) rushed to the spot to save his son's life. The accused persons left the injured on the spot and fled away in the tempo. Immediately P.W.1 removed Dipu to Ispat General Hospital in a rickshaw, and on the way the injured disclosed the names of accused persons on the basis of which P.W.1 lodged a report before the Police.

(3.) During trial the accused persons pleaded innocence.