DANDA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE four accused persons, namely, Danda Naik, Sima @ Simanchal Naik, Bhaiga @ Bhagaban Naik and Debo @ Debaraj Naik were charged under Section 302/34 of the Indian Penal Code and all the accused persons, excepting accused Sima alias Simanchal Naik, were further charged under Section 307/34 of I.P.C. and they stood trial in the Court of the 1st Additional Sessions Judge, Berhampur, Ganjam in connection with Purusottampur P.S. Case No. 70/91 corresponding to G.R. Case No. 163/91 and Sessions Case Nos. 17 of 1992 and 23 of 1992.

(2.) ALL the accused persons were convicted under Section 302/34 I.P.C. and all the accused persons excepting Sima @ Simanchal Naik were also convicted under Section 307/34 of I.P.C. and they were all sentenced to suffer imprisonment for life under Section 302/ 34 I.P.C. and all the accused persons excepting Sima @ Simanchal Naik were further sentenced to undergo rigorous imprisonment for one year for conviction under Section 307/34 I.P.C. Both the sentences were to run concurrently.

(3.) THE defence of the accused persons is one of complete denial of the prosecution case and of false implication. The defence has tried to put up a case to the effect that on 05.04.1991 at about 11 A.M. the members of the staff of the Math including the deceased Ramahari Bhuyan (P.W. 1), Kalu Bhuyan (P.W. 3) and others came near the house of the accused Sima Naik and tried to demolish his house and they were also armed with lathi, chela. They abused the wife and children of the accused persons.