JANAKI @ GANAPATI DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellants, by filing this Appeal, have assailed the judgment of conviction and the order of sentence dtd. 12/9/2001 passed by the learned Additional Sessions Judge, Gajapati, Paralakhemundi, in Sessions Case No.20 of 2000 (Sessions Case No.335 of 2000(GDC), arising out of G.R. Case No.182 of 1999, corresponding to Paralakhemundi P.S. Case No.69 of 1999, of the Court of learned Sub Divisional Judicial Magistrate (SDJM), Paralakhemundi.

(2.) Prosecution case is that on 17/8/1999, basing upon the allegation of one Simanchala Bhramma, a Panchayat Meeting had been convened at Uttarasili Chowk on Trinath temple Mandap situated near Regulated Market Committee (RMC) gate, locally known as Jangalpadu chhaka. The meeting was attended by P. Amulya (Informant-P.W.1), Neelamani Panda(P.W.3) Khageswar Das, Simadri Das, Kumuti Bhaskar, Simanchala Bhramma, Janaki @ Gajapati Das and many others. In that meeting, the Informant (Neelamani Panda(P.W.3) was held guilty of the allegations levelled against him. It is stated that after that Simadri Das (accused) and Benu Das (accused) assaulted the Informant (P.W.1) by dealing fist blows and slaps. In view of that, the parents of the P.W.1, who had also been to the meeting place requested the accused persons not to assault the Informant (P.W.1). When the father of the Informant, namely, P. Lingaraj tried to take away the Informant (P.W.1) by releasing him from the clutch of the accused persons; it is stated that accused persons Janaki @ Gajapati, Simadri @ Simanchala and Benu Madhaba dealt kick and fist blows on his chest and belly. Accused Janaki had caught hold of the neck of P.Lingaraj and gave a push which resulted his fall. On account of this, Lingaraj died at the spot.

(3.) The Informant (P.W.1) then having lodged a written report on 18/8/1999 at 7 am, with the Sub-Inspecter (SI- P.W.8) of Police attached to Gurandi Police Out Post under Paralakhemundi Police Station, entered the said fact in the station diary book of the Police Out Post and took up the investigation while sending the report to the Inspector-in-Charge (IIC-P.W.9) of Paralakhemundi Police Station for registration of the case, awaiting further instruction. The IIC(P.W.9), having received the said written report, registered the case, treated the same as FIR (Ext.1) and directed the S.I (P.W.8) Gurandi Police Out Post to continue with the investigation.