SANATAN SAHANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 21.1.1997 passed in S.T. Case No. 145 of 1996 by the learned Sessions Judge, Balasore -Bhadrak, Balasore convicting the appellant, namely, Sanatan Sahani under Sections 302/34 IPC read with Section 120 -B I.P.C. and sentencing him to undergo R.I. for life, he has preferred the present appeal.

(2.) THE prosecution case, as alleged, is that the appellant along with four others made a plan to commit murder of Narahari Panda out of vengeance due to long standing litigations between them. On 22.12.1995 at about 7.00 P.M. when the deceased Narahari was returning from Balasore town to his house along with P.W. 1, Prasanta Kumar Panda, near a place, called 'Sunahat junction', all the charge -sheeted accused persons, five in number, namely, appellant Sanatan Sahani, Rajendra @ Kalia Sahani, Ratikanta Panda, Ganesh Chandra Rout and Kailash Chandra Sahani surrounded the deceased. The accused -Kailash Chandra Sahani and Ganesh Chandra Rout (since acquitted) caught hold of both the hands of the deceased and the appellant Sanatan dealt a blow on the head of the deceased by means of an iron rod. On protest by the P.W. 1, he was also threatened by the accused persons who chased him to a certain distance and out of fear, he left the place. P.W. 1 thereafter informed the co -villagers, some of whom arrived at the place of occurrence. The deceased was removed to the District Headquarters Hospital, Balasore. During the same night, the doctor finding the deceased to be in a serious condition, referred him to S.C.B. Medical College and Hospital, Cuttack. While in the S.C.B. Medical College and Hospital, Cuttack, the deceased succumbed to the injuries on 29.12.1995. On a report being lodged by P.W. 6, namely, Ajay Kumar Panda in the Town Police Station, Balasore, though a case was registered, but the same was transferred on the question of jurisdiction, to the O.I.C., Chandipur Police Station. It appears that the Circle Inspector of Police, Balasore Sadar conducted the investigation. There was a public agitation due to laches in the investigation for which the Superintendent of Police, Balasore made over the investigation to the Crime Branch, Cuttack and P.W. 12 conducted the investigation de novo. On finding prima facie case, he filed a charge -sheet against the five accused persons.

(3.) DURING the trial, all the accused persons denied their involvement in the alleged crime. The above named three accused persons also took a plea of alibi stating that they were on patrolling duty near Cinema Hall Chhak in Balasore Town on the date and time of occurrence. After conclusion of the trial, the trial Court by the impugned judgment acquitted the other four accused persons but convicted the appellant for the offence under Section 302 I.P.C and sentenced him to undergo R.I. for life.