STATE OF ORISSA Vs. RATNAKAR PRADHAN

JUDGEMENT

(1.) HEARD argument from the parties, hearing is concluded and the judgment is as follows.

(2.) ORDER of acquittal passed by learned Additional Sessions Judge, Balasore in favour of the accused -respondents in Sessions Trial No.4/80 of 1987 -86 is under challenge in this Government Appeal.

(3.) ACCORDING to the case of the prosecution, 28 accused persons forming an unlawful assembly, being armed with deadly weapons like lathi, bow and arrows, intentionally assaulted and caused death of Kaya Majhi (hereinafter referred to as the 'deceased) and thereby committed offence under Sections 302/149, I.P.C. Amongst them accused -respondent No.1 Ratnakar Pradhan and Ganapati Pradhan were charged specifically under Section 302, I.P.C. for committing murder of the deceased. Accused Pravakar, Barendra and Ganesh were charged under Section 323, I.P.C. for causing simple hurt to injured Malli Das, Makar Das, Ramesh Dalai, Sudarsan Khatua and Benudhar Das. It is stated by the prosecution that on 16.05.1986 at about 3.00 to 3.30 p.m. Malli Das (P.W.4) was attacked and assaulted by accused Nalu Jena. Therefore, Ghanashyam Pradhan (P.W.2), Kamal Lochan Pradhan (P.W.3), Sanatan Nayak and Krushna Chandra Khatua (not examined) escorted her (P.W.4) to her village. On the way Benudhar Das, son of P.W.4 met them and declared to take revenge against the person who caused violence on her mother. They proceeded further and at Pandatangiri Chhak found the deceased standing there. Accused persons being armed with various weapons arrived there. Then it was about 5.00 p.m. Accused persons assaulted P.W.4 and when the deceased protested, accused Ratnakar assaulted him by means of a lathi on his head followed by assault made by accused Pravakar, Barendra and Ganesh. The other persons who came to the rescue were also assaulted by them. When the deceased and the other injured persons were taken to the Headquarters Hospital, on the way the deceased succumbed to the injuries.