GAYADHAR BHOI AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Order Dated 08.03.1989 passed by the Addl. Sessions Judge, Bolangir in S.C. No. 52/12 of 1983 -1988. By the impugned Judgment, Appellant Gayadhar Shoi has been convicted under Section 323 Indian Penal Code and sentenced to pay a fine of Rs. 250, in default to undergo S.I. for one month; Appellants Radheshyam Bhoi, Duryodhan Sahu, Ganesh Bhoi and Sundar Sahu have been convicted under Section 307 read with Section 149 Indian Penal Code and sentenced to undergo R.I. for six years; and Appellant Suka Charan Sahu has been convicted under Sections 307/323/148 Indian Penal Code and sentenced to undergo R.I. for six years for the offence under Section 307 Indian Penal Code and R.I. for one year for the offence under Section 148 Indian Penal Code and to pay a fine of Rs. 250/ - in default S.I. for one month for the offence under Section 323 Indian Penal Code, the sentences to run concurrently. During pendency of the appeal, Appellant No. 1 -Gayadhar Bhoi and Appellant No. 4 -Sundar Sahu having died, the appeal has been abated against them.

(2.) THE case of the prosecution was that on 03.06.1983 at about 10 P.M. while an Opera show was being performed on the eve of the 21st day ceremony of the grandson of Appellant No. 6, there was failure of electricity. The present Appellants along with others thought that one Dharanidhar Shoi (P.W.3), the mechanic of the Rice Huller, caused the said electricity failure. So, they proceeded to the Mill armed with lathis and assaulted PW.3, who belonged to the family of P.W.2 (Mill owner), as a result of which he sustained injuries. The Appellants also broke open the lock of a room of the Mill and a box, and threw away articles of the room including the wall clock. The watchman (P.W.5) rushed to the house of P.W2 to inform the incident. After receiving information, P. Ws. 1, 2, 6, one Dingar Rana and Ors. of the village came in a body towards the Mill through the street where the Opera show was being performed. When the prosecution party numbering 10 to 20 reached the place of the Opera show, all the Appellants including others attacked them. Appellant Nos. 2 to 6 and accused Murali and Shankar dealt blows with the help of various weapons like axe, lathis and knives on the person of P.W2. Besides, all other accused persons also dealt lathi blows on him. As a result, he sustained severe bleeding injuries and lost his sense. Thereafter, the accused persons dealt lathi blows on the body of P. Ws. 1 and 6. P.W2 was immediately removed to the Tusura Govt. Hospital. On the oral report of P.W1, a case was registered in Tusara Police Station. Investigation followed, on completion of which charge -sheet was submitted against the accused persons. The Appellants

(3.) IN order to prove its case, prosecution examined as many as eleven witnesses. Defence examined two witnesses including an independent witness (D.W2) in support of its plea.