BIJOY DANDASENA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD the parties and the judgment is as follows.

(2.) APPELLANTS were accused persons in Sessions Case No. 13/7 of 1988 of the Court of Additional Sessions Judge, Bolangir. They were charged for the offences under Section 148 and 307 read with Section 149, I.P.C. on the allegations that on 03.06.1987 they constituted an unlawful assembly to commit riot and were armed with deadly weapons like lathis, tangis and iron rods and that in furtherance of the common object of that unlawful assembly, they assaulted Sudhansu Naik (P.W. 4), Aditya Kumar Singh Nina alias Aditya Singh Babu (P.W. 13), Karunakar Behera (P.W. 2), Raj Kishore Dalai (P.W. 10), Achuta Bhanj (P.W. 1) and Biranchi Behera (P.W. 8) with a view to attempt their murder.

(3.) TO substantive the charge, prosecution examined as many as 15 witnesses including the above mentioned injured as the eyewitnesses. In addition to that P.W. Nos. 3, 9 and 11 were also examined as eye -witnesses to the occurrence. P.W. No. 14 is the Investigating Officer and rest of the witnesses are the doctors, who treated the inured persons and issued their Injury Certificates and opinion reports. Weapons like, Tangia, Lathis and iron rods were seized in course of investigation and marked as M.Os. I to VI on the ground that those are the weapons of offence. Accused did not adduce any defence evidence.