DUSASAN PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellants seek to assail the Judgment and order of conviction dated 1st March, 1996 passed by Learned Addl. Sessions Judge, Balasore in S.T. Case No. 19/52 of 1994 convicting them for commission of offences under. Sections 302, 201/34, IPC and sentencing each of them to undergo rigorous imprisonment for life under Section 302/34, IPC and further imprisonment of two years for the offence under Section 201/34, IPC. The sentences were directed to run concurrently.

(2.) SAJANI Naik (P.W.15) lodged an F I.R. at Simulia Police Station on 5th August, 1993 alleging that on 3rd August, 1993 her son Rajendra was assaulted by the accused Bhaskar Naik in a meeting convened in the village on the ground that he had assaulted the mother of Dasarathi Naik. It is alleged that on account of previous enmity arising out of land disputes, accused Bhaskar assaulted her son, making false allegations against him, though he was innocent. In the meeting he had also threatened to kill Rajendra. On the night of 5th August, 1993 there was a festival near deity Mangala. Her son Rajendra went to the 'Mela' along with the accused Bhaskar in spite of the protest made by the informant. Thereafter, he did not return home. She searched for her son, but in vain. In the morning, the dead body of her son was found floating in Khajuria tank. After coming to know about the sa.id fact, she came to the police station and lodged the F.I.R.

(3.) THE plea of the defence was of complete denial. It is alleged that in view of previous enmity, they have been falsely implicated.