DAYAMAYA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal has been jointly filed by five appellants challenging the judgment and order dtd. 24/2/1998 passed by the learned Sessions Judge-cum-Special Judge, Balangir in G.R. Case No. 411 of 1995/T.R. Case No. 8 of 1996. By the impugned judgment, the learned trial court convicted the appellants for the offences punishable under Sec. 147 of the I.P.C. and Ss. 323 and 341 read with Sec. 149 of the I.P.C. Each of the appellants are sentenced to undergo rigorous imprisonment for six months for the offence under Sec. 147 I.P.C., rigorous imprisonment for a further period of six months for the offence under Sec. 323 read with Sec. 149 I.P.C., and simple imprisonment for one month for the offence under Sec. 341 read with Sec. 149 I.P.C. The learned trial Court also directed that all the sentences shall run concurrently.

(2.) This appeal is pending since 1998. When the matter was taken up for hearing, consistently in many dates of hearing, nobody appeared for the appellants. Therefore, on the request of the Court, Mr. Jagdish Biswal, learned counsel has agreed to appear for the appellants to assist the Court as Amicus Curiae.

(3.) The prosecution case, in brief, is that the occurrence took place on 5/12/1995 at about 7:00 A.M. in village Ghusuramunda. The victims, Bendala Chhatria (P.W.1), Pahati Bag (P.W.2) and Banita Suna (P.W.4) reside in the Harijanpada of the said village and belong to the Scheduled Caste community and belong to Ganda caste. The accused persons are not members of the Scheduled Castes or Scheduled Tribes. Prior to the incident, the tube-well located in the Harijanpada had become defunct, compelling P.Ws. 1, 2, 4 and other women of the locality to fetch water from a public tube-well situated near the village club. While they were taking water from the tube-well, the accused persons allegedly arrived there in a group and prevented them from using the tube-well. During the altercation, the accused persons allegedly abused and threatened P.Ws. 1, 2 and 4 by hurling caste-related insults, physically manhandled them, and accused Bikram is stated to have assaulted P.Ws. 1 and 4 with a stick, causing injuries to them.