ADHIKARI BAGHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants have filed this appeal challenging the order of conviction under Sections 147, 148, 307/149, IPC recorded against them by the learned Sessions Judge, Phulbani in Sessions Case No.45 of 1988.

(2.) The appellants who were accused persons in Sessions Case No.45 of 1988 were charge-sheeted under Sections 147, 148, 307/ 149, IPC on the allegation that forming an unlawful assembly earned with lathis, they carried an attack on Ananta Biswal near Akho-bhonga Nala of village Kanakpur on dated 23.3.1988 in furtherance of their common object to cause death to the said person. It was alleged that Ananta Biswal was not pulling on well with the appellants and some other villagers and litigations were going on between them and because of such enmity, the appellants had given threat that they would kill Ananta. It is alleged that on the date of occurrence, the appellants went in a body armed with lathis and attacked Ananta who was easing himself near the Nala. Appellant Landu Meher first dealt a lathi blow on the head of Ananta and when the latter fell down, the rest appellants indiscriminately dealt lathi blows causing multiple bleeding injuries including fracture on his hand and leg. The wife of Ananta, who had followed the appellants apprehending some trouble saw this occurrence and with the help of her sister, Asthami took Ananta, who was in unconscious state, to Sub-divisional Hospital, Boudh. She also lodged the F.I.R. before O.I.C., Baunsuni Police Station. The police authorities of Baunsuni Police Station investigated into the case and submitted charge-sheet against the appellants for the offences indicated above.

(3.) The plea of the appellants was one of complete denial.