BHUBAN KHADIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Bhuban Khadia faced trial in the Court of learned Addl. Sessions Judge (F.T), Sambalpur in S.T. Case No.31/58 of 2007 for offences punishable under Sections 436, 323 and 506 of Indian Penal Code for setting fire to the residential houses at village Chudapudug, for voluntarily causing hurt to some of the co-villagers and for committing criminal intimidation by threatening the informant and other co-villagers on 18.10.2006 at about 8.30 a.m.

(2.) The prosecution case, as per the First Information Report lodged on 18.10.2006 by one Ramachandra Sahoo (P.W.1) before the Officer-in-charge, Charmal Police Station, Rairakhol is that on that day at about 8.30 a.m., the appellant being armed with bow, arrow and axe came near the house of the informant and told that he would not spare anybody as nobody was helping him in the days of his despair and accordingly set fire to the house of the informant by a match stick after pouring kerosene on the thatch of the house of the informant as a result of which not only the house of the informant but also the houses of Panchu Sahoo (P.W.2), Shyam Kumar Sahu (P.W.3), Ghasinath Jal (P.W.4) and Krushna Karna were gutted in fire. The household articles were also destroyed as a result of fire. When the villagers came to extinguish the fire, the appellant assaulted Panchu Sahu (P.W.2), Fula Sahu (P.W.6), Niranjan Khadia (P.W.7) and Nityananda Karna by means of bow, arrows as well as tangia as a result of which, all of them sustained injuries on their person. The informant estimated the loss due to fire to be more than one lakh.

(3.) On receipt of the written report from Rama Chandra Sahu (P.W.1), the Officer-in-charge of Charmal Police Station registered Charmal P.S. Case No.79 of 2006 on 18.10.2006 for offences punishable under sections 436/323/506 IPC and directed ASI Rasananda Sahu (P.W.8) to take up investigation of the case. Prior to the registration of the FIR, the Officer-incharge received telephonic information from village chudapudug regarding burning of houses and accordingly he along with other staffs and P.W.8 proceeded to village Chudapudug where the FIR was lodged by P.W.1.