PRADIP SAHOO AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant in Criminal Appeal No. 253 of 2010, namely Pradip Sahoo, appellants in Criminal Appeal No. 302 of 2010, namely, Sanjib Sahoo and Tukun @ Premanananda Sahoo along with co -accused Munu Meher, Rajesh Sahu and Umesh Bagarty faced trial in the Court of learned Addl. Sessions Judge, Sambalpur in Sessions Trial No. 44/16 of 2004 for offences punishable under sections 148, 302/149 Indian Penal Code and sections 25(a) and 27(1) of Arms Act.

(2.) THE prosecution case as per FIR lodged by Purandar Behera (P.W.7) is that on 20.1.2003 during the morning hours, the informant had been to Lapanga Bus Stand. At about 9 O' clock, he found the appellants along with three others came in two motor cycles and took tiffin from the Tiffin Stall of Rajendra Sahu situated in Lapanga Bus Stand and thereafter left the place. At about 10 O' clock, the brother of the informant namely Khirod Kumar Behera (hereafter the "deceased") came on a Hero Honda Motor cycle and purchased fruits from the Fruits Stall of one Satish Kumar Gupta (P.W.3). The three appellants along with their three associates again came in two motor cycles to the bus stand being armed with sword, bhujali, gupti and revolver and all of a sudden they surrounded the deceased and attacked him. The persons present at the bus stand ran hither and thither. The deceased was brutally assaulted and the accused persons intimidated the persons present there by showing sword, bhujali, gupti and revolver. They threatened the shopkeepers to close down their shops. The shop keepers also ran away out of fear. The informant shouted for which the accused persons left the place on their motor cycles. The informant rushed near the deceased and found him lying on the ground with bleeding cut injuries on the arms, neck, face, head and chest. The informant shifted the deceased to Jharsuguda Hospital in a vehicle where the doctors declared him dead.

(3.) IN order to prove its case, the prosecution examined twenty two witnesses.