DHANCHIT HARIJAN & OTHERS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners namely Dhanchit Harijan, Susila Dayalu, Koresh Dayalu, Nirmala Dayalu and Jhiska Dayalu have preferred this revision petition challenging the impugned judgment and order dated 23.01.1993 passed by the learned C.J.M -cum - Assistant Sessions Judge, Jeypore in Sessions Case No.28 of 1992 which was confirmed by the learned Addl. Sessions Judge, Jeypore, Koraput vide judgment and order dated 13.5.1999 in Criminal Appeal No.65 of 1993. The petitioners were charged under sections 148, 452/149, 427/149 and 307/149 of the Indian Penal Code and they were found guilty of the offences charged and sentenced to undergo R.I. for one year on each count under sections 148, 452, 427 and 307 of the Indian Penal Code and the sentences were directed to run concurrently and further sentenced to pay a fine of Rs.500/ - (five hundred), in default, to undergo R.I. for one month on each count under sections 307 and 452 of the Indian Penal Code.

(2.) The prosecution case, in short, is that on 26.12.1991 at about 3.00 p.m., the petitioners being armed with axe, spears and lathis entered inside the dwelling house of the informant Narasingha Sethi (P.W.1) and caused damage to the household articles and also destroyed the commodities of his shop room and assaulted Sakuntala Sethi (P.W.2), the wife of the informant and Premnath Negi (P.W.3), who is the brother of P.W.2. The informant was not present in his house at the time of occurrence. Subsequently, when he arrived at his house and came to know about the incident, he presented a written report (Ext.1) before the Officer in Charge, Kotpad Police Station. P.W.9 Pratap Ch. Parida who was the A.S.I. of Police attached to Kotpad Police Station, on receipt of the written report (Ext.1) from the informant (P.W.1), treated the same as F.I.R. and registered Kotpad P.S. Case No.130 of 1991 under sections 147/148/452/427/326/379/149 of the Indian Penal Code. He started investigation of the case in absence of the Officer in charge and during course of investigation, he visited the spot, examined the informant and other witnesses, sent the injured persons P.W.2 and P.W.3 for their medical examination to P.H.C., Kotpad where they were examined by P.W.4 Dr. Debi Prasad Pattnaik. The Investigating Officer seized one T.V., some broken glass pieces, a torn piece of gunny bag having stained with blood, one broken tea pot under seizure list Ext.5. He also seized broken sound box, some other commodities, weighing scale and tea packets etc. under seizure list Ext.6. He searched the houses of the petitioners, seized one spear (M.O.I) from the house of petitioner no.3 under seizure list Ext.7, seized a piece of cloth stained with blood under seizure list Ext.8 and on 10.2.1992, he handed over the charge of investigation to the Officer in charge of Kotpad Police Station namely Gadadhar Pradhan (P.W.10) who received the injury reports of the injured persons of P.Ws.2 and 3, made query to the doctor regarding possibility of infliction of the injury on P.W.2 by the seized spear (M.O.I) and received the opinion under Ext.4 and after completion of investigation, he submitted charge sheet on 25.4.1992 under sections 147/148/452/427/307/506/149 of the Indian Penal Code.

(3.) After observing due committal formalities, the case of the petitioners was committed to the Court of Session for trial where the learned C.J.M. -cum - Asst. Sessions Judge, Jeypore framed charges on 03.09.1992 and since the petitioners refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and to establish their guilt.