BHIKARI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Criminal Appeal No. 109 of 1989 has been filed by Bhikari Behera challenging his conviction under Section 302 I.P.C. and sentence of regorous imprisonment for life imposed thereunder. Criminal Appeal No. 110 of 1989 has been filed by Pramod Kumar Mantri and Bhagirathi Rout challenging their conviction under Section 304 Part-II I.P.C. and sentence of regorous imprisonment for five years inflicted thereunder. As both the appeals arise out of the same judgment and order, they were heared together and are disposed of this judgment.

(2.) The aforesaid three appellants along with nine others were charged under Sections 148/452/302 read with Section 149 I.P.C. The appellants were also separately charged under Section 302 read with Section 34 I.P.C.

(3.) Prosecution is that on 28-5-1988 at about 10 a.m. appellants along with their associates formed an unlawful being around with delay weapons in front of the house of the informant Sanatan in village Biswanthpur and abused him and other family members. They forcibly made entry into his house, assaulted his father Bauribandhu on his head by means of lathis, dragged him out-side and three him on the ground. They also assaulted Santan's mothers and thereafter left the Sopt. The injured Bauribandhu was taken in a cart to Tigiria hospital, while he was being taken for better treatment from Tigiria to Cuttack, he succumbed to the injuries on the way. On the basis of the F.I.R. lodged by Sanatan (P.W.I.) investigation was taken up. After its completion, the appellants along with nine others were charge-sheeted.