SUDARSAN BARIK & ANOTHER Vs. THE STATE

JUDGEMENT

(1.) In the aforesaid appeal, the appellants have assailed the judgment and order passed by the 1st Addl. Sessions Judge, Puri in S.T. Case No.28/107 of 2007 sentencing both of the appellants Sudarsan Barik and Sukanta Mallick @ Sukanta Kumar Mallick to undergo imprisonment for life and to pay fine of Rs.10,000/ - (Rupees Ten thousand only) each and in default to undergo R.I. for two years more, for committing offence under Section 302/34 of I.P.C with further sentencing them to undergo S.I. for two years each for offence under Section 9(B) of Indian Explosive Act. All the sentences are to run concurrently.

(2.) The prosecution case as per the written report submitted by the informant one Ananta Parida reveals that the accused persons namely Raju @ Rajendra Das, Kalia Sahoo, Suratha Behera, Puria Behera, Sudarsan Barik (Present Appellant No.1), Hemanta Barik, Sukanta Mallick @ Sukanta Kumar Mallick (Present appellant No.2), Subash Malik & Akrura Mohapatra hatched out a plan to commit murder of the deceased Ajaya Parida and accordingly, on 29.08.2005 at about 1.30 P.M. they exploded bombs near Hat Delanga Out Post and in the same process, they chased the deceased upto Kanas Road Level Crossing and fired one round from a pistol there and also assaulted by sharp cutting weapon viz. sword and when Bijaya Parida (brother of the deceased) came to the spot, they also threatened him and then, they all left the spot with the weapon of offence. Written report further revealed that earlier also there had been several serious attempts on the informant as well as on his brothers and lastly accused have killed his brother involving the present incident. Immediately after the incident, one Ananta Parida, brother of the deceased submitted a written report (Ext.6) before the A.S.I. (Assistant Sub. - Inspector), Hata Delanga Out Post, the A.S.I. sent the report to the O.I.C.(Officer in -Charge), Delanga P.S. for registration and the same was registered as Delanga P.S. Case No.95/2005. The O.I.C., Delanga took charge of the investigation. Inquest over the dead -body was conducted in U.G.P.H.C. and the inquest report vide Ext.11 was prepared. After examining the witnesses, the I.O. (Investigating Officer) sent the dead -body to D.H.H. (District Health Hospital), Puri through dead -body challan (Ext.13) for postmortem examination, visited the spot, prepared spot map (Ext.14), seized the incriminating objects like old bicycle (M.O.II), remnants of exploded bomb (M.O. IV) and one pair of Chappal of blue color from the spot, prepared the seizure list (Ext.9/2), collected blood stained earth, sample earth and prepared seizure list (Ext.10/2) and seized the motor cycle (M.O.I) in which the accused persons had come to the spot. After examining rest of the material witnesses, the I.O. conducted raid and arrested accused persons namely Kalia @ Kasinath Sahoo, Suratha @ Gedua Behera, Punia and Raju @ Rajendra Dash. After completion of investigation the I.O. submitted charge -sheet against the accused persons for commission of offence under Sections -302/294/34 of I.P.C. and Sections 25/27 of the Arms Act read with Section 9(b) of the I.E. Act, Sessions Trial procedure was adopted to prosecute the accused persons to establish their guilty.

(3.) In order to prove its case, the prosecution examined as many as 21 witnesses and proved 17 documents marked as Ext.s1 to 7 and also relied on materials objects marked M.O. I to M.O. X. The defence, on the other hand, neither examined any witness nor exhibited any documents.