KARTIK PARIMANIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an appeal U/S. 374(2) of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') by the Appellant-Convict challenging the judgment dtd. 24/3/2012 passed by learned Adhoc Additional Sessions Judge, Fast Track Court No.1, Phulbani in S.T. Case No. 260/08(A) of 2010-2011 by which the Appellant was convicted for commission of offences punishable U/Ss. 147,148 and 436 read with Sec. 149 of IPC and for offences U/Ss. 302/201 read with Sec. 34 of IPC and accordingly, he was sentenced to undergo, imprisonment for life and to pay fine of Rs.5,000.00, in default whereof, to undergo Rigorous Imprisonment(RI) for further six months for offence U/Ss. 302/34 of IPC; R.I. for three years and to pay a fine of Rs.3,000.00, in default whereof, to undergo RI for further three months for offence U/Ss. 201/34 of IPC; RI for five years and to pay a fine of Rs.2,000.00, in default whereof, to undergo RI for further three months for offence U/Ss. 436/149 of IPC; RI for two years for offence U/S. 148 of IPC and RI for one year for offence U/S. 147 of IPC with stipulation of all the substantive sentences to run concurrently.

(2.) Be briefly stated the prosecution case is, on 25. 08.2008 in the evening, a mob consisting of hundred of persons ransacked the house of PW1 Naresh Digal in village Dakerpanga without any reason by resorting to arsoning, but when the mob attempted to attack, he(PW1) along with his family members ran away to save their life, however, the convict Kartik Paramanik, the in-charge-Headmaster, Luhuringia Primary School and his associates killed the deceased Ramesh Chandra Digal, the younger brother of PW1 by chasing and assaulting him with tangia(axe) in village Budamaha.

(3.) In support of the charge, the prosecution examined altogether eight witnesses and proved equal number of documents under Exts. 1 to 8 as against the oral evidence of seven witnesses vide DWs. 1 to 7 and documentary evidence Exts. A to F. Of the prosecution witnesses, PW1 is the informant; PW2 is the wife of the informant; PW3 is an independent witness; PW4 is the sister of deceased; PW5 is the nephew of deceased; PW6 is wife of the deceased, whereas PWs. 7 and 8 are the IOs. On the other hand, DW1 is the Accountant of Utkal Gramya Bank, Raikia; DW2 is the SI of Schools, Raikia Block; DW3 is the Headmaster of Lahuringia Primary School; DWs4 and 7 are the President and Member of village Education Committee; DW5 is the Branch Manager of SBI Pauria Branch and lastly, DW6 is the WEO, Raikia Block.