RAGHUNATH SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The applicants are twenty in number. All of them stood trial before the AddI. Sessions Judge, Bhubaneswar for offences under sections 148, 323/324 read with Section 149, Indian Penal Code (for short the IPC) They were convicted by the trial Court there under and sentenced to suffer rigorous imprisonment for six months each on each count and the sentences were to run concurrently. They have moved this Court in appeal in the year 1986. Of the appellants, appellant Nos. 5, 6 and 7 expired during pendency of appeal.

(2.) Any way, the case of the prosecution, in short, is that on 21-11-1981 at about 3 p.m. when the informant (P.W. 2) was returning from the land of Mohananda along with Jayanta Padhan (P.W. 6) Radha Mohan Nayak (P.W. 5), Biswanath Sahu and Banchhanidhi Sahu after cutting paddy and approaching Nuapokhari to take their bath; suddenly 30 to 40 persons being armed with Vali, bombs gun and lathis rushed towards them abusing. Accused Puma Dalei first fired from his gun towards them and when they were fleeing towards village. Dinabhandhu Chhotray hurled a bomb. The informant noticed that all the accused persons were in the crowd and all of them chased the informant and his party men. According to the prosecution, the informant Jayanta and Radha Mohan Nayak, were injured due to firing from the gun and explosion of bomb. Accused persons entered into their, Sahi and threw bomb and fired gun at the houses. Arjun Khatei (P.W. 2) lodged the written report with the then Officer in-charge of Begunia Police Station at the spot who was camping there in connection with investigation of another case. On the basis of the written report a case was registered and investigation started. In course of investigation some incriminating materials were seized from the spot by the police and the injured persons were sent to the doctor for medical examination. The investigation ended in filing of the charge - sheet against the accused persons. Later accused persons were put to trial.

(3.) The defence was a plea of innocence. The case as put forth by the defence was that on the _alleged date of occurrence and at the alleged time the informant and his partymen being armed with deadly weapons viz. lathi, bomb etc. attacked them. When they were within Bedah of the Jagannath Temple of the village, they threw bombs and fired from gun. The bomb exploded and one Karunkar Patra was hit by the splinters. He sustained injuries and ultimately he succumbed to the same. For this a case was registered against the complainant party. Accused persons alleged that the complainant party have falsely implicated them in a bid to save themselves from punishment.