JAGANATH MISRA AND Vs. STATE OF ORISSA

JUDGEMENT

(1.) JAGANATH Misra (accused No. 12) is the Appellant in Criminal Appeal No. 100 of 1971, while D.B.M. Patnaik (accused No. 1) and Dinabandhu Samal (accused No. 10) are Appellants in Criminal Appeal No. 108 of 1971. These three accused persons along with 37 others were put on trial on a charge under Section 120 -B of the Indian Penal Code for having conspired in a secret meeting held on 24.1 -1969 at the residence of accused No. 1 and to have decided to commit dacoity by looting the property of the rich people of the locality. Several other accused persons were charged under Section 399 of the Indian Penal Code for having made preparations to commit dacoity and under Sections 25(1)(a) and 27 of the Arms Act for being in possession of arms without authority of law and accused Nos. 26 and 27 were further charged under Section 25(1)(c) of the Arms Act. The three Appellants were convicted under Section 120 -B of the Indian Penal Code and each of them has been sentenced to 4 1/2 years of rigorous imprisonment. Some of the other accused persons were convicted under Section 25(1)(a) of the Arms Act while two others were also convicted under Section 25(1)(c) of the Arms Act and separate sentences of imprisonment were passed against them. The charge under Section 399 of the Indian Penal Code has failed, It has been stated that those other accused persons have not filed any appeals against their convictions.

(2.) THE prosecution alleged that D.B.M. Patnaik (hereinafter referred to as "Patnaik" for brevity) was on Advocate practising at Gunupur within the district of Koraput. Previously he was a member of the Communist Party of India (Marxist) and was expelled from the party sometime in March, 1968, for his violent activities and contravention of the party ideologies. He along with his associate Nagbhusan, another Advocate, Dinabandhu Samal (accused, No. 10), Jaganath Misra (accused No. 12) and some others set up on independent organisation and with a view to training members of the new party in the use of arms and ammunitions and for the progress of Naxalite activities started holding meetings and organising the illegal Government. On 23rd of January, 1969, during the early hours of the night, a meeting was held at Patnaik 's house within Gunupur town which was attended by several others including Jaganath. Therein, according to the prosecution, a decision was taken that the rich people of Gunupur locality should be looted and their properties should be distributed among the poor. Resistance should be met with adequate arms and ammunitions. The prosecution alleged that in furtherance of the conspiracy hatched at the meeting on 23 -1 -1969, several lootings, dacoities, murders, etcetera have taken place. Dinabandhu Samal attended a meeting on 26 -1 -1969 at village Amadengi and instigated the villagers to join the movement. It was further alleged that the three Appellants held further meetings in furtherance of the conspiracy. Information reached the police about these illegal activities and ultimately on 29th of January. 1969, the Officer -in -charge of Gunupur Police Station, registered P.S. Case No. 13 of 1969 on the basis of a first information report lodged by himself. A long drawn process of investigation followed and ultimately the accused persons were charge -sheeted in the manner already indicated.

(3.) PROSECUTION examined as many as 81 witnesses and exhibited 146 documents. A number of material objects were also marked for the prosecution. Defence led no oral evidence, but exhibited certain documents.