KULAMANI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two criminal revisions are interlinked as they are directed against a common judgment of the learned Sessions Judge, Dhenkanal.

(2.) The petitioners (hereinafter referred to as the 'accused ') faced trial along with two others, namely, Sanatan Sahu and Nilamani Sahu fox alleged commission of offences punishable under Ss. 147, 326, 324 and 307 of the Penal Code, 1860 (in short, :IPC'). The learned Asst. Sessions Judge, Angul acquitted Sanatan Sahu and Nilmani Sahu of all the charges, acquitted the accused-petitioners of the charges under Ss. 147, 326 and 324, IPC, but Convicted them under S. 307, IPC and sentenced each one of them to undergo rigorous imprisonment for three years with a direction to set off the period undergone as under-trial prisoner. In appeal the conviction and sentence awarded by the learned trial Judge were maintained by the learned Sessions Judge, Dhenkanal.

(3.) The prosecution case is that on 23-11-1983 at about 9 p.m., immersion procession of God and Goddess Hara and Parbati was passing through the village road of Talmul Patna. When the procession reached near a Dolamandapa of the village, suddenly the electric power supply was disconnected. Accused Kulamani and Sanatan put an iron rod on the electric line, and that is how the power supply failed. Taking advantage of the darkness, all the accused persons threw acid on the persons who were participants in the procession. Accused Kulamani dealt a, Bhujali blow on the right hand of the informantHadibandhu Sahu (P.W. 1) causing bleeding injury, and accused Sanatan dealt a tangi blow on Sanjaya Kumar Sahu (P.W. 2) causing bleeding injuries on his right shoulder and chest. On account of throwing of acid Nidhi Sahu, Narendra Sahu and Srikar Sahu (P.Ws. 4 to 6 respectively) were disfigured having lost their eyes and other persons were also seriously injured. Immediately the injured persons were removed to Angul Hospital, and P.W. 1 lodged first information report at the police station on the same night. The Officer-in-charge registered a case, examined the informant and the injured persons, and gave requisition for their medical examination. Investigation was undertaken and on completion thereof, charge-sheet was submitted.