PURNA CHANDRA ALIAS PURNA BEHERA Vs. STATE

JUDGEMENT

(1.) BOTH the appeals having arisen out of one judgment, the same were heard together and a common judgment is passed thereon.

(2.) SUCCINCTLY stated, the prosecution case is that on 12.3.1990 at about 8.00 A.M. Ranjit Meher (P.W. 11), Ramanath Mehera (P.W. 1), Pitabash Meher (P.W. 10) and about 40 to 50 others had been on a picnic to Sighinika jungle. At about 12.30 P.M. accused Puma Behera, Babru Behera and Sala Behera came to the picnic spot and asked to provide them food. While all the members of the picnic party and the aforesaid three persons were taking their food, Babru Behera started throwing rice at which Ranjit Meher (P.W. 11) rebuked him. Then Sala Behera, Babru Behera and Puma Behera stopped taking food and left the place. After the picnic was over Ranjit Meher (P.W. 11), Pitabash Meher (P.W. 10) and about five to six others returned in a jeep being driven by Narasingh Behera, while the rest returned in cycles. On the way, about 1 K.M. ahead of village Rampur, Narasingh Behera stopped the jeep and all the inmates including P.Ws. 10 and 11 got down from it and went on foot towards Rampur. At about 4.00 P.M., near Kantapali Chhak, accused Babru Behera being armed with Tabli, accused Kailash Behera with Tangi, Sudarsan Behera with Katuri, Udaya Behera and his father Purna Behera each with a lathi and some others were found standing in groups. When P.Ws.10 and 11 reached near them, they assaulted them indiscriminately with the weapons they were armed with, causing bleeding injuries.

(3.) ALL the accused persons took the plea of denial. Accused Sudarsan Behera further took the plea of alibi. The case having been committed to the Court of Sessions Judge, Balangir, it was transferred to the Court of Assistant Sessions Judge, Sonepur, who framed charge under Sections 148/307 read with Section 149 of I.P.C. against all the accused persons.