GIRIDHARI NAYAK AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence passed by the Learned Additional Sessions Judge, Kendrapara in S.T. Case No. 82/93/10 convicting all the Appellants for commission of offences under Ss. 302 and 34 of the Indian Penal Code (in Short 'I.P.C.') and sentencing them to undergo R.I. for life.

(2.) The case of the prosecution as revealed from the F.I.R. as well as the statements of eyewitnesses is that in between 10.30 to 11 P.M., Akshya Rout (P.W. 2), Abhoy Rout and Karunakar Lenka were returning from Pattamundai Market to their house at village Gobindapur. On their way, at a short distance from the house of the Appellant -Anadi Nayak, Karunakar Lenka and Abhoy Rout sat for urination whereas Akshya Rout proceeded ahead on them. When Akshaya Rout reached near the electric pole near the house of Anadi Nayak, the Appellants surrounded him. The Appellants -Anadi and Ashok were armed with iron rod, the Appellant Giridhari was holding a lathi and the Appellant Abhoy Nayak was holding a sword. It is also alleged that two others namely, Aswini Nayak armed with Farsa and Akshaya Nayak armed with Tenta were also there. Suddenly all the Appellants started assaulting Akshya Rout with their respective weapons. Akhaya Rout shouted for help and when Karunakar Lenka intervened, he was also assaulted by the Appellants Ashok and Giridhari. Thereafter, Abhoy Rout rushed to rescue his brother Akshaya Rout (P.W.2) and he was assaulted by the Appellants. Due to such assault, the deceased -Abhoy Rout fell down whereafter lathi blows and farsa blows were also given. Shouting of the injured attracted the attention of the villagers and when the villagers rushed to the spot, all the Appellants escaped. Thereafter, P.W. 2 and the deceased were shifted to Pattamundai Medical and on the same night, they were shifted to S.C.B. Medical College and Hospital, Cuttack and after treatment, the deceased succumbed to the said injuries on 19.6.1992. On these allegations, though the case was initially registered for a commission of offences under Ss. 341, 323, 325 and 34 I.P.C., it turned to a case under Sec. 302 of the I.P.C. and investigation was taken up. On completion of investigation, charge sheet was filed for commission of offences under Ss. 302 and 34 I.P.C.

(3.) The Prosecution examined eleven witnesses to bring home the charges. Out of the eleven witnesses, P.W. 1 is the informant and P. Ws. 2, 3, 4 and 5 are eye -witnesses to the occurrence. The Learned Additional Sessions Judge relying on the version of the eyewitnesses and the medical evidence, found the Appellants guilty of charges and convicted them thereunder.