BIJAYA PATRA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Appeal filed by the Appellants is directed against the impugned judgment and order dated 29.9.2008 passed by the learned Ad hoc Additional Sessions Judge, Fast Track Court No. II, Cuttack in S.T. Case No. 78 of 2007 (arising out of G.R. Case No. 547 of 2006 in the Court of J.M.F.C.(R), Cuttack corresponding to Cuttack (Sadar) P.S. Case No. 131 of 2006) by which they have been convicted under Sections 302, 326 and 457 read with Section 34 of the I.P.C. and have been sentenced as follows: - -

(2.) THE case of the prosecution, as narrated in the F.I.R., is that on 3.6.2006 night informant Laxmidhar Patra along with his brother Sanjay Patra (deceased), their parents Sarojini Patra (since dead) and Bishnu Charan Patra, his wife Banalata Patra and deceased Sanjay's wife Manasi Patra and minor son Sujit Patra were sleeping in their house. At about 2.00 A.M. Bijaya Patra (A -1) and his son Pupun Patra (A -2) along with some unknown persons broke open the door of the house, entered inside and started assaulting everyone with sword giving out that they would eliminate the entire family. They dealt three blows on the deceased Sanjay as a result of which he died at the spot and three other house inmates sustained injuries. Before escaping from the house they snatched away one gold chain and ear rings which deceased's wife was wearing. It is alleged that on previous occasions the Appellants had threatened that they would kill all the members of the informant's family.

(3.) APPELLANTS defence is one of denial. Appellant No. 2 has taken plea of alibi claiming that in the occurrence night he was not present in his house.