PROMODA KUMAR MANTRI 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 rigorous imprisonment for life imposed thereunder. Criminal Appeal No. 110 of 1989 has been filed by Pramod Kumar Mantri and Bhagirathi Rout that challenging their conviction under section 304 Part-II, I.P.C. and sentence of rigorous imprisonment for five years inflicted thereunder. As both the appeals arise out of the same judgment and order, they were heard together and are disposed of by 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 case is that on 28-5-1988 at about 10 a.m. the appellants along with their associates formed an unlawful assembly being armed with deadly weapons in front of the house of the informant Sanatan in village Biswanathpur and abused him and other family members. They forcibly made entry into his house, assaulted his father Bauribandhu on his head by means of lath is, dragged him outside and threw him on the ground. They also assaulted SanatanTs mother and thereafter left the spot. The injured Bauribandhu was taken in a cart to Tigiria Hospital, Khile. 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.1) investigation was taken up. After its completion, the appellants along with nine others were charge-sheeted.