PRADEEP KUMAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment passed on 13th July, 1987 in Sessions Case No. 13 of 1985 (S.C. No. 34 of 1985 G.D.C.) by the 1st Addl. Sessions Judge, Berhampur, convicting the Appellant for the offences punishable under Sections 148 and Sections 326/149, Indian Penal Code and sentencing him to three years R.I. for the offence punishable under Sections 326/149, Indian Penal Code and to undergo two years R.I. convicting for the offence under Section 148, Indian Penal Code both the sentences are to run concurrently.

(2.) AT the very outset it is to be noticed that the Appellant was initially charged for the offences under Sections 148 and 302 read with Section 149, Indian Penal Code on the allegation that he along with 11 others (the accused persons in S.C. Nos. 14 and 16 of 1984) whose trial was split and decided by a separate judgment and Order dtd. 2.2.1985 by the then Addl. Sessions Judge, Ganjam, formed an unlawful assembly with the common object of assaulting the deceased Bhagaban Panigrahi to death and on 26.4.1983 morning, committed the offence of rioting being armed with deadly weapons like Lathi, Kati and Gun and severely wounded Bhagaban Panigrahi near a culvert on the eastern out skirts of village Dhoyakona.

(3.) THE brief facts of the case is that on 26.4.1983 at about 8 A.M. while the deceased Bhagaban Panigrahi was returning to his house from a tea stall the Appellant alone with above mentioned co -accused persons whose cases were split up having formed an unlawful assembly and being armed with Lathi, Kati and Gun etc. attacked the deceased and caused him severe injuries. The role of the Appellant in the instant appeal was that he gave several blows by means of lathi and kati and when the first informant (P.W. 5) and other persons tried to intervene, the other associate Debaraj who was having a gun with him threatened them that if anybody would interfere, he would be shot dead. When the culprits left the place of occurrence the deceased was taken by P.W. 5 and other persons to Boirani which is also known as Kabisuryanagar by a bullock cart and from that place to Berhampur Medical College Hospital through a jeep. The deceased was admitted to the said hospital but after eight days he died. After the death of the deceased the case was converted into one under Section 302, Indian Penal Code and after conclusion of the investigation charge -sheet was filed against the Appellant as well as other culprits for the offence punishable under Sections 147, 148, 149, 341 & 302, Indian Penal Code. Since the Appellant was an absconder, his case was split up and case of others was committed to the Court of Session. As mentioned above, other culprits were convicted by judgment and order made separately in S.C. Case Nos. 14 and 16 of 1984 by the 1st Addl. Sessions Judge upheld by this Court and the Hon'ble Apex Court but the trial of the present Appellant was commenced later on after his arrest.