HARA MALLIK @ HARIHAR AND ORS. Vs. STATE

JUDGEMENT

(1.) THE judgment and order of conviction and sentence dtd. 12th May 1997 passed by learned Asst. Sessions Judge, Udala, in S.T. Case No. 10/66 of 1996 convicting the Appellants under Section 307 read with Section 149 of I.P.C. and sentencing them to undergo R.I. for eight years and to pay fine of Rs. 2,000/ - each in default to undergo R.I. for two months is assailed in this Crl. Appeal.

(2.) THE criminal action was set in motion on the basis of an F.I.R. filed by P.W.1. He stated that learning from his brother Madhusudan Panda (P.W.11) that on the night of 26th September, 1995 there was a theft in the house of his brother at village Mauda he went to the village to ascertain the fact. Next day morning he left village Mauda and when he was near village Dhudhianal the accused persons being armed with arrow, lathi, etc. intercepted him saying that "Sala Brahman Ku Marideba Brahman Bansaku Nipat Kari Deba". Out of fear P.W.1 went inside Bangali Sahi of Prafullachandrapur and entered into the house of one Budhia. After some time P.W.1 proceeded towards the house of his brother, P.W.2 when the accused persons caught hold of him and dealt fist blows, kicks and assaulted with lathi. Out of pain he shouted. His brother P.W.11 and Pradip Panda (not examined as witness), came to the spot, but as the accused persons were armed with deadly weapons they could not rescue the informant. The informant, however, it is alleged, escaped from the clutches of the accused persons and entered inside the Bari of P.W.2. At that juncture he heard, Chittaranjan Panda (P.W.2) shouting "Marigali Marigali, Mote Maridele". On hearing shouts of P.W.2, the informant came to the spot and found the accused persons coming out of the house of P.W.2. He also noticed an arrow having pierced the right chest of P.W.2 and there was profuse bleeding and another arrow having pierced a wall of the house. P.W.2, it is alleged, told the informant that Trilochan Mallik (Appellant No. 4) had shot the arrow to kill him. Trying to check the bleeding by help of Laxmidhar Naik (P.W.10) and his son, P.W.2 was shifted to Udala Hospital and then he was referred to Baripada Hospital for treatment. Thereafter, the incident was reported at Udala P.S. and Udala P.S. Case No. 73 /1995 was registered. The said case was subsequently converted to G.R. Case No. 194/1995. After investigation police submitted charge sheet against all the accused persons and the case was committed to the Court of session.

(3.) THE plea of the defence was complete denial. The Appellants chose not to get examine any witness examined.