RANKANIDHI NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) These Appeals are directed against the judgment and order dtd. 30/7/1997 passed by the learned 1st Additional Sessions Judge, Puri in S.T. Case No.20/122 of 1995/1992 and S.T. Case No.21/246 of 1995/1995. By the said judgment, the Appellants, namely, Rankanidhi Naik, Madhaba Pradhan, Kalu @ Durjodhan Pradhan, Abhi @ Rabi Pradhan, Kishore Chandra Pradhan, Dandu Pradhan, Subal Pradhan, Goli @ Golakha Pradhan, Bidhubhusan Patnaik, Harihar Pradhan, Ladu Kishore Kar and Madhu Pradhan, were tried for the offences punishable under Ss. 341/302/34 of the Indian Penal Code (for short 'IPC') and under Sec. 9(b) of the Indian Explosives Act.

(2.) In order to appreciate the grievance of the Appellants, it is necessary to notice how the present Appeals came to be preferred. Two separate Criminal Appeals have been preferred against the judgment and order dtd. 30/7/1997 passed by the learned 1st Additional Sessions Judge, Puri in S.T. Case No.20/122 of 1995/1992 and S.T. Case No.21/246 of 1995/1995. Criminal Appeal No.193 of 1997 has been filed by accused-Rankanidhi Nayak, Madhaba Pradhan, Dandu Pradhan, Subala Pradhan and Kalu @ Durjodhan Pradhan, whereas Criminal Appeal No.47 of 1998 has been filed by accused-Goli @ Golakha Pradhan, Bidhubhusan Patnaik, Harihar Pradhan, Kishore Chandra Pradhan, Abhi @ Abhimanyu Pradhan, Ladu Kishore Kar and Madhu @ Manu Pradhan.

(3.) Since both the Appeals arise out of the common judgment dtd. 30/7/1997, they were heard analogously and are being disposed of by this common judgment. For the sake of convenience, the facts are being taken from Criminal Appeal No.193 of 1997, unless otherwise indicated.