JAGANNATH BISWAL AND NINE ORS. Vs. THE STATE

JUDGEMENT

(1.) THESE three Criminal Appeals involve common questions of fact as they arise out of the same occurrence and are therefore heard and disposed of together.

(2.) IN Criminal Appeal No. 106 of 1956, the ten Appellants, to be referred to hereafter as Biswals, were convicted by Shri L. Panda, Additional Sessions Judge, Cuttack for being members of an unlawful assembly under Section 147, I.P.C. and were sentenced to undergo rigorous imprisonment for two years each. Appellant No. 9 Batakrushna Biswal and Appellant No. 8 Krushna Chandra Nayak were also convicted under Section 828, I.P.C. and were sentenced to undergo rigorous imprisonment for six months. The sentences of these two Appellants were to run concurrently. On the other charges all the Appellants were acquitted. Accused Gobardhan was acquitted on all the charges

(3.) CRIMINAL Appeal No. 106 of 1956 - Eleven persons were charged for an offence under Section 148, I.P.C. Appellant Duryodhan Biswal was further charged for the offence of murder and the rest of the Appellants along with the accused acquitted were also charged for the same offence of murder read with Section 149, I.P.C. Appellant Jagannath Biswal was further charged for abetment of the offence of murder punishable under Section 302/109 I.P.C. Appellants Anadi Biswal, Ankura Biswal, Nityananda Biswal, Batakrushna Biswal, Dhaneswar Biswal, Krushna Chandra Nayak, Adikanda Biswal and the acquitted accused Gobardhan were charged individually for offences under Section 323, I.P.C. and Appellants Duttahari Biswal, Ankura Biswal and Duryodhan Biswal were further charged for an offence under Section 524, I.P.C. and the rest of the other accused besides the above three persons were also charged for the offence under Section 824 read with Section 149, I.P.C. As already stated, they were acquitted of all the other offences except those specified above.