HARERAM SATPATHY Vs. PREMLAL SUNA

JUDGEMENT

(1.) This appeal under Section 378 Cr.P.C. has been filed by the appellants challenging the impugned judgment and order dated 30.06.1980 of the learned Sessions Judge, BolangirKalahandi, Bolangir passed in Sessions Case No.37-B of 1976 and Sessions Case No.36-B of 1978 in acquitting all the nine respondents of the charges under sections 120-B, 147, 302/34 and 302/149 Indian Penal Code so also the respondent no.1 of the charge under section 302 Indian Penal Code.

(2.) The appellants preferred an application under sub-sections (3) and (4) of section 378 Cr.P.C. for grant of leave to appeal from the impugned judgment and order of acquittal before this Court on 26.09.1980 which was registered as Criminal Misc. Case No.423 of 1980. The said application was dismissed at the stage of admission on 12.01.1982. The appellants preferred an appeal by Special Leave before the Hon'ble Supreme Court against the order dated 12.01.1982 of this Court for summarily dismissing the application for grant of leave. The appeal before the Hon'ble Supreme Court was registered as Criminal Appeal No.711 of 1983. The Hon'ble Supreme Court vide order dated 02.12.1983 granted leave under Section 378(4) Cr.P.C. and directed this Court to hear the appeal on merits and dispose of the same in accordance with law. After receipt of the order of the Hon'ble Supreme Court, Criminal Misc. Case No.423 of 1980 was re-registered as the present Criminal Appeal No.22 of 1984.

(3.) The prosecution case, in short, is that the accusedrespondents were the members of Yuva Congress Party and they were political adversaries of the deceased Parsuram Satpathy (hereafter "the deceased"), who was the brother of appellant no.1 Hareram Satpathy. The deceased was a Journalist by profession and a staunch supporter of Bharatiya Lok Dal. There was political rivalry between the parties and several criminal litigations cropped up between them prior to the date of occurrence. A case and counter case was instituted between the parties on 16.11.1974 and in that connection the deceased was arrested on 16.11.1974 and he was released on bail on 22.11.1974. Two days prior the occurrence i.e. on 27.11.1974, some of the respondent-accused persons had threatened the informant Hareram Satpathy (appellant no.1).