MUIJIT RANA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE judgment dated 30th May, 1991 passed by the learned Addl. Sessions Judge, Titilagarh in S.C. No. 35/10 of 1990 is assailed in this appeal.

(2.) BY the impugned judgment the Court below has convicted all the Appellants of the charges under Sections 147, 148 and 307/149 IPC and has further convicted Appellants 3, 4, 5 and 6 namely, Budu alias Abhiram Rana, Jujesti alias Judhistir Rana, Dutta Rana and Muli alias Muniram Ram respectively, of the charge under Section 325 IPC. The Court below has sentenced all the Appellants to undergo R.I. for one month for each of the charges under Sections 147 and 148 IPC and to undergo R.I. for one year for the charge under Section 307/149 IPC. While the Court below has passed no separate sentence for conviction under the charge under Section 325 IPC, has directed that the sentences under the aforesaid two charges would run concurrently. The prosecution case was that there was prior litigation over a piece of paddy land among the informant side and the Appellants and two of their co -accused (the two co -accused having been acquitted by the trial Court). It was alleged that on 2nd August, 1989 at about 7 a.m. forming an unlawful assembly being armed with Tangias and Lathis all the accused persons attacked the informant and his men while the latter were transplanting paddy seedlings on the disputed land. Due severe assault by the accused persons with Tangias and Lathis, Alekh Rana, Bhuta Rana, Tirtha Rana and others were severely injured. The occurrence being orally informed by P.W.1 at the Titilagarh Police Station, the OIC concerned drew up an FIR, visited the place of occurrence, sent the injured persons for medical examination and after completion of investigation filed charge -sheet against the accused persons for alleged commission of offences under Sections 147/148/307/325/324/323/149 IPC. Ultimately the case having been committed to the Court of session, the accused persons including all the Appellants faced trial in the aforesaid Sessions Case for the charges under Sections 147/148/307/149 IPC. Of them, present Appellants 3, 4, 5 and 6 also stood charged under Section 325, IPC.

(3.) THIS Court heard the learned Counsel for the parties at length. According to the learned Counsel for the Appellants, the evidence reveals that there was a free fight among the informant and his associates on one hand and the accused persons on the other and there were case and counter -case The trial Court having not considered the case from this angle and having not appreciated the evidence in correct perspective, the impugned judgment is not sustainable and the Appellants are entitled to acquittal, even on benefit of doubt. Fortifying the aforesaid submission, learned Counsel for the Appellants submitted that there was no iota of evidence to show that the Appellants had any mens rea to attempt to commit any murder.