ADIKANDA MOHANTY AND ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE judgment and order of conviction dated 24th June, 1996 passed by learned Sessions Judge, Puri convicting the Appellants under Section 302 of I.P.C. and sentencing them to undergo R.I. for life in S.T. Case No. 366 of 1992 is assailed in this Criminal Appeal.

(2.) THE two Appellants i.e., Purna Chandra Mohanty and Adikanda Mohanty along with Satyaban Mohanty, Pullak Mohanty, Bhagirathi Mohanty, Gopabandhu Mohanty, Surendranath Mohanty and Dillip Kumar Mohanty stood charged under Sections 341/34 of Indian Penal Code. and under Section 302/34 of Indian Penal Code. for committing offence of restraining Hari Mohanty and causing his death in furtherance of their common intention. Purna Ch. Mohanty was further charged under Section 302 of I.P.C. for committing the murder of Hari Mohanty.

(3.) WHILE matter stood thus, some of the outsiders intervened and the matter subsided. Thereafter Hari Mohanty was removed to Pandusara P.H.C. and then he was shifted to Nayagarh Hospital for better treatment. P W.8 lodged an F.I.R. before the Itamati Out Post and the O.I.C. of the said PS. registered a case. While matter stood thus, Hari succumbed to the injuries and the case was converted to one under Section 302 of Indian Penal Code.