CHAKU KHADIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 15-7-1987 passed by the Addl. Sessions Judge, Sambalpur in Sessions Trial No. 88/14 of 1986 convicting the appellants under Sections 325/34 IPC and sentencing each of them to undergo rigorous imprisonment for two years and to pay fine of rupees one hundred, in default to undergo rigorous imprisonment for one month, with the further direction to set off the period of detention.

(2.) THE prosecution allegation in brief is that on 25-1-1986, on Pousa Purnima evening, at about 7. 30 P. M. suddenly the straw heap stacked on the thrashing floor of co-accused Lepa Khadia (since acquitted)started burning. On getting information from the co-accused Basu Khadia (since acquitted) that the deceased Bajru Khadia had set fire to the said straw heap, both the appellants entered inside the dwelling house of deceased Bajru Khadia, dragged him out of his house and took him to their thrashing floor where the straw heap was burning. Both the appellants with other accused persons surrounded the deceased there and gave fist blows, kicks and slaps to him. They also dealt thenga blows to him and shouted to throw the deceased to the burning fire. But the witnesses intervened and advised them to hand over the deceased to the police if he had committed any offence. Thereafter, both the appellants along with other accused persons took the deceased towards sasan P. S. Further case of the prosecution is that the appellants and other accused persons mercilessly assaulted the deceased at Padhanpali Railway crossing, as a result of which he succumbed to the injuries and thereafter tried to burn the dead body. Charge was framed under Sections 342, 201, 304/34 and 457 IPC against the appellants and four other accused persons.

(3.) THE plea of the defence is complete denial of the allegation.