SK BADAR ALIAS BADIRUDDIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner Sk. Badar alias Badiruddin (hereinafter also referred to as the 'accused') calls in question legality of appellate judgment passed by the learned Second Addl. Session Judge, Puri finding his guilty of an offence punishable under Section 326 of the Indian Penal Code, 1860 (in short 'IPC'), convicting him thereunder and sentencing him to undergo rigorous imprisonment for three years, and to pay a fine of Rs. 2000.00 in default to undergo further rigorous imprisonment for six months. The accused was convicted for an offence punishable under Section 307 IPC and was sentenced to undergo rigorous imprisonment for five years by the Asst. Sessions Judge, Khurda. The petitioner stood trial along with twenty six others for having committed various offences and causing injuries on police personnel while they were discharging duties as public servants.

(2.) Factual matrix as presented by the prosecution is as follows: On 15-1-1992 at about 8.30 p.m. the officer-in-charge of Tengi Police Station along with several other police personnel went to village Dikhitpada by a private truck to execute pending H. S. We against some of the villagers of that village, keeping the truck on the road, they proceed on foot towards the village through the back side of cashew plantation. At the outskirt of the village, they caught hold of two persons namely Erphan and Gulu against whom S. 8. We were pending. They shouted for help. All on a sudden several persons including the petitioner being armed with various weapons surrounded police personnel even though they gave their identity and started saying that they shall not be allowed to go. They attacked indiscriminately on the members of police party. The petitioner thrust a harpoon to the face of the Officer-in-charge, and others assaulted other persons accompanying him. The victim started running towards the truck, and the mob chased them. The truck driver focussed the head light on the mob. The occupants of the truck came to their rescue. The injured persons were taken by the truck to Tangi Police Station. Information was lodged at the Police Station. A case was registered, the injured persons were sent for medical examination. The officer-in-charge Mr. N. N. P. Singh (PW. 12) sustained bleeding injuries on his left-eye, and was treated at the SCB Medical College Hospital. On completion of investigation, charge-sheet was submitted.

(3.) In support of the prosecution case, eighteen witnesses were examined mostly consisting of those who had sustained injuries. Plea of accused persons was one of denial. According to them the injured persons had been to the village on the date and time of occurrence in civilian dresses, and misbehaved with same ladies who had gone to answer call of nature. On their shouting chor, chor, out of fear the police personnel ran away. While running they fell on the road full of ditches, shrubs and tree stumps and sustained injuries.