RAJU AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both the appeals, heard analogously, are against the judgment dated 30.07.2009 passed by the learned 1st Additional Sessions Judge, Puri in S.T. Case No. 35/283 of 2006 convicting the Appellants in both the appeals finding them guilty under Sec. 302/294/34 of IPC and Sec. 9(B) of the Explosive Act and sentencing each of them to serve life imprisonment with fine of Rs. 10,000/ -, in default to undergo R.I. for two years for the offence punishable under Sec. 302/34 of IPC, S.I. for three months for the offence punishable under Sec. 294/34 of IPC and S.I. for two years for the offence punishable under Sec. 9(B) of the Explosive Act, 1884 with direction that the sentences shall run concurrently.

(2.) On 29.08.2005 at about 2.20 P.M. an F.I.R. was submitted by one Ananta Parida at Hat Delanga Out Post, which was, subsequently, registered as Delanga P.S. Case No. 95 of 2005 under Ss. 302/294/34 of IPC, Sec. 25/27 of Arms Act and Sec. 9(B) of Explosive Act. In the F.I.R., it is stated that on the same date at about 1.30 P.M. informant's brother Bijay Parida came to their house to inform that Raju Dash, Sudarsan Barik, Sukanta Mallik, Kasia Sahoo, Hemanta Barik, Suratha Behera, Puria Behera, Subash Mallick and Akrula Behera killed their brother Ajay Parida by means of sword, gun and bomb.

(3.) Investigation was taken up by the O.I.C. of the Police Station. In course of investigation inquest over the dead body was held, witnesses were examined, dead body of the deceased was sent for postmortem, spot was visited and spot map was prepared, incriminating objects were seized from the spot, the Appellants were arrested and forwarded to the Court, some other articles connected with the case were also seized, the seized articles along with blood stained apparels of the deceased were sent for chemical examination and on completion of investigation charge -sheet was submitted on 30.12.2005 sending up the Appellants for trial showing the other accused persons as absconders. To avoid delay in the trial of the Appellants, who were in custody, the case against them was split up and they were committed to the Court of Session to stand their trial. On 5.09.2006 charges were framed against the Appellants under Ss. 302/294/34 of IPC and Sec. 9(B) of the Explosive Act.