GARJAN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE judgment and order of conviction dated 8-1-2001 passed by learned Addl. Sessions Judge, Bolangir convicting the appellants for the offence under Sections 147, 148;, 302/149, IPC and sentencing each of them to undergo R.I. for two years for the offence under Section 149, IPC and further sentencing, them to undergo R.I. for life for the offence under Section 302/149, IPC in Sessions Case No. 68/23-B of 1998/ SC No. 77/24-B of 1998, is assailed in this appeal.

(2.) THE appellants faced trial for having formed an unlawful assembly carrying deadly weapons on 27-12-1997 in village Rinbachan with the common object to commit murder of one Ajit Kumar Dip and committing rioting with the said object. THE prosecution case was set to motion on the basis of an FIR filed by Jadu Dip (P.W. 1) alleging that on 27-12-1987 at about 8.00 a.m. Ajit had been to a pan shop of one Muna Jani. All of a sudden, the accused persons rushed there holding sword, axe and lathis, surrounded him and brutally assaulted him using the said weapons. Consequent of such assault, the left leg of Ajit was severed and right leg was cut to a major extent. THEre were also grievous injuries on his head, face and nose. After receiving the injuries Ajit fell down on the village road. Hearing the commotion and on being called by Manoj Dip (P.W.2), P.W.1, the informant came out from his house. Seeing him, the accused persons rushed to assault both P.Ws. 1 and 2. By that time other villagers assembled and the accused persons fled away. Prasanna Dip (P.W. 5), the uncle of Ajit came to the spot on being informed and telephoned to Bolangir Sadar Police Station and intimated the incident. Receiving information, the police came to the village and carried the injured to the hospital at Bolangir in their jeep. P.W.1, Jadu Dip., who happens to be the father of the injured Ajit handed over the FIR, Ext. 1 to the police at the hospital after getting the same scribed through Dhanamali Dip (P.W. 6). On the basis of the said FIR, P.W.13, S.I. of Police took up investigation. On being satisfied that a cognizable offence under Sections 147, 148, 326, 307/149, IPC read with Section 3 of the SC and ST (P.A.) Act, 1985 has been committed by the accused persons, P.W. 13 registered P.S. Case No. 130 dated 27-12-1997. THE I.O. went to the spot, seized the blood-stained earth and other materials, and recorded the statements of different witnesses under Section 161, Cr. P.C. In course of investigation, Ajit succumbed to the injuries in the hospital. THEreafter, inquest was held over the dead body vide Ext. 2. THE corpse was sent for post-mortem examination to the District Headquarters Hospital, Bolangir and the wearing apparels of the deceased and other materials were seized. After obtaining the post-mortem report and after completion of investigation, charge-sheet was submitted in G. R. Case No. 563 of 1997 in respect of 18 accused persons. But then, it appears that as some of the accused persons could not be apprehended, the case against them was split up and G. R. Case No. 563-A of 1997 was registered. Learned SDJM, Bolangir on being prima facie satisfied, took cognizance of the offences and committed both the cases to the Court of Session. In course of committal proceeding, as all the accused persons were apprehended, both the cases were clubbed together and were disposed of by a common judgment.

(3.) THE appeal is disposed of subject to the modification of the conviction and sentence as indicated above. Order accordingly.