NABA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN both the Crl. Revisions the order of conviction and sentence passed by learned Asst. Sessions Judge, Athagarh in S.T. Case No.129/2002(15/2002) which was confirmed by learned Ad hoc Addl. Sessions, F.T.C., Athagarh in Crl. Appeal No.18/2003 is assailed.

(2.) BOTH the cases having arisen out of the same judgment, they were heard together and are disposed of by this common judgment. On the basis of an F.I.R. (Ext.5) lodged by P.W.5, the criminal action was set in motion, G.R. Case No.51/2000 was registered on the file of learned S.D.J.M., Athagarh and the present petitioners faced trial for alleged commission of offences under Sections 147, 148, 294, 324, 325, 307 and 149 of the I.P.C. It was alleged that the accused persons had assembled on 13th February, 2001 at 5 P.M. being armed with different weapons with a view to kill P.W.6, attacked him (P.W.6) as a result the latter sustained bleeding injuries on the head and other parts. It was further alleged that the accused persons also dealt blows on P.Ws.2 and 1 being the mother and father respectively of P.W.6. They also created a scene of terror in the locality and threatened P.W.6. and others to murder them. The F.I.R. (Ext.5) was lodged on the next date of the alleged occurrence at 2 P.M. at the Khuntuni Outpost.

(3.) IN order to substantiate its case prosecution got examined 8 witnesses and exhibited certain document. On behalf of the defence though no oral evidence was adduced two documents were exhibited. After analyzing the evidence, both oral and documentary, the trial Court held that accused persons guilty of commission of offences under Sections 148, 324, 149 of the I.P.C. and convicted them there under, but then acquitted them for the offence under Sections 147, 325, 307, 506 and 149 of the I.P.C. on the ground that prosecution failed to substantiate commission of the said offences. Considering the fact that the accused were first offenders the trial Court sentenced each of them to undergo R.I. for one year under Section 148 I.P.C. and R.I. for one year under Section 324 I.P.C subject to set off as provided under Section 428 I.P.C.