SAHEBA BISOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Saheba Bisoi along with Duryodhan Bisoi, Mohan Bisoi, Sukuta Bisoi, Narayan Bisoi, Narahari Bisoi and Syama Bisoi faced trial in the Court of learned Assistant Sessions Judge, Bhanjanagar in Sessions Case No. 7 of 1994 for offences punishable under sections 148/307/149 of the Indian Penal Code.

(2.) The prosecution case, as per the First Information Report dated 05.06.1993 lodged by one Khadala Swain (P.W.7) is that on 04/05.06.1993 at about 11 p.m., P.W.7 slept on the open verandah of the house of his paternal uncle Kalu Swain (P.W.9). P.W.9 was also sleeping there near him. During midnight, P.W.7 had been to river embankment to attend the call of nature twice and returned at about 2 O' clock and slept near P.W.9. At that time, he found that some persons were standing near the house of one Rama Chandra Bisoi and out of them, two persons came near the place of sleeping of P.W.7 being armed with Kati. Looking at them when P.W.7 shouted, the petitioner dealt a blow by means of a Kati aiming towards the neck of P.W.9. The co-accused Mohan Bisoi was also standing by the side of the petitioner being armed with a Kati.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned Asst. Sessions Judge, Bhanjanagar charged all the seven accused persons under sections 148/307/149 of the Indian Penal Code on 03.05.1994 in the following manner:-