KUNAL RAZAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Working in tandem with each other, the three appellants Kunal Razak, Amiit lakra and Kundan Pahdey, in connected criminal appeals No. 11 of 2010 and 571 of 2009, have challenged and questioned sustainability of impugned judgment and order dated 09.12.2009 passed by Sessions Judge, Sundargarh in Sessions Trial No. 32 of 2006, State of Orissa Vs. Kundan Pandey and others, (vide G.R. Case No. 303/2005 of S.D.J.M., Sundargarh relating to Kutra P.S. Case No. 76 of 2005) under Sec. 302/34 of I.P.C., District-Sundargarh. By the impugned judgment, while being acquitted for offence under Sec. 109/212/120(B) I.P.C. and section 9(-B) (1) (b), Explosives Substances Act, all the three appellants have been convicted under Sec. 302/34 I.P.C. and have been sentenced to imprisonment for life with fine of Rs. 5,000.00 (Rupees Five Thousand only) and in default thereof to serve additional one (1) year RI. by the learned trial judge. Another accused Pradeep Singh was also convicted by the impugned judgment and order by the learned trial judge, but he does not seems to have preferred any appeal challenging his conviction and sentence, it seems, for the reason that he was convicted only under Sec. 9(B) (1) (b) Explosives Substances Act, and was sentenced to 6 months RI with fine of Rs. 2000.00 (Rs. Two Thousand only) and in default to serve additional 3 month RI, which conviction probably he has already served.

(2.) Prosecution case slated down In the F.I.R, narrated to the I.O. and later on unfurled during the trial, would reveal that accused Pradeep Singh and Rekha Singh/PW3 are spouses and absconding accused Dhanraj Singh is the real sibling brother of Rekha Singh. Similarly, Rajan Sanyasi/PW21 and Gyan Sanyasi (deceased) were real sibling brothers being sons of Lalit Ram Sanyasi. Mahendra Nag/PW20, a contractor of centering work of building, happens to be their maternal-uncle and owner of a C.T. Bajaj Boxer Motorcycle. There is a Dalima College under the Police Station Kutra of which Satyanarayan Dash/PW13 is the Principal. On 06.10.2005. there was a Students' Union Election in the said Dalima College.

(3.) On the date of the incident two rival inimical student groups existed in Rajgangapur, one led by Dhanraj Singh while the other group leader was Rajan Sanyasi/PW21 Both the groups were at loggerheads to gain,a superior edge over the other In this atmosphere of animosity, according to the prosecution version, Rajan Sanyasi/PW21 had gone to Ggoghdo Shiv temple on 11.4.2005 in his Maruti Car along with his family members except his wife, aunt (Mausi) and sister. While getting down from, the car, the persons belonging to the rival group, namely, Dhanraj, Kunal Razak, Munu Samal, all armed with a guns, accompanied by others, attacked Rajan Sanyasij PW21, who got into his Maruti car and closed the door and tried to reverse it and get away from the scene. Albeit Kunal Razak and Munu Samal fired at PW21, but the shots, providentially, eluded the victim who escaped unhurt. An FIR about an attempt to murder assault was lodged by PW21 at the concerned Police Station. It further evinces that after the present incident of murder, person from other rival side Munu Samal was done to death, concerning which incident PW21 along with Ajay Nag/PW18, Kundan Sanyasi, Brusav and Asim Tirkey/PW23, were charge sheeted and prosecuted and in that trial while PW 18 was acquitted, rest of the accused were convicted.