MADHUSUDAN RAY AND REVEN ORS. Vs. STATE

JUDGEMENT

(1.) THIS is an appeal from an order passed by the Sessions Judge, Cuttack -Dhenknal, convicting each of the Appellants Madhusudan Ray, Judhistir Ray and Harekrishna Ray under Sections 147, 330 and 342 of the Indian Penal Code and sentencing them to rigorous imprisonment for six months, one year and a fine of Rs. 200/ -, in default to undergo rigorous imprisonment for two months under the said sections respectively and convicting all other Appellants also under the said sections and sentencing them to rigorous imprisonment for three months, six months and one month under the said sections respectively; all the sentences to run consecutively.

(2.) ALL the nine accused persons before the trial Court were charged for having formed an unlawful assembly and having put six persons (hereinafter referred to as the victims) to various tortures with a view to extort confession that they committed the murder of one Ganeswar Ray and also for looting the house of two of the victims to the said tortures. Out of the nine accused persons sent up for trial, the accused Baina Ghadai was given the benefit of doubt and found not guilty and he was acquitted. The remaining eight accused persons who were convicted and sentenced as aforesaid are Appellants in the present appeal.

(3.) IN connection with the said murder case, information was lodged against Naran Bhol, Karuni Bhol and Dharmananda Panda. Ultimately, however, Naran Bhol alone was sent up for trial on a charge of murder under Section 302 of the Indian Penal Code. This is the back ground in which both the murder case as also this case came up for trial before the learned Sessions Judge and the judgments in both the cases were pronounced simultaneously. Incidentally I understand that the accused in the murder trial was acquitted.