LAWS(ORI)-2009-11-38

DURYODHAN SUNAMAJHI Vs. STATE OF ORISSA

Decided On November 17, 2009
Duryodhan Sunamajhi Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) HEARD .

(2.) ONE Swami Laxmanananda Saraswati and four others were done to death on 23.8.2008 at about 7.55 P.M. at Jaleshpata Ashram by a mob of about 20/25 persons armed with guns. The present petitioners are alleged to be the principal conspirators and authors of the crime and they are accused of offence punishable under Sections 449/302/380/120 -B/34 I.P.C. read with Sections 25 and 27 of Arms Act. The issue of the murder of Swami Laxmanananda Saraswati and his associates gave rise to communal tension and immediate riot in the district of Kandhamal.

(3.) MR . P.C. Chhinchani, learned counsel for the petitioners takes me through the evidence of Uttam Gauntia, Birendra Kanhar and Mahasingh Kanhar, already examined in the Court below to drive home his contentions that -