SATRUGHNA SIKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants (ten in numbers) having been convicted for commission of offence under sections 148 IPC, 332/149 IPC, 427/34 IPC and 333/149 IPC and sentenced to undergo rigorous imprisonment for a period of three years for offence under section 148 IPC; three years for offence under section 332/149 IPC, two years for offence under section 427/34 IPC and ten years for offence under section 333/149 IPC by the learned Asst. Sessions Judge-cum-Chief Judicial Magistrate, Kalahandi, Bhawanipatna in Sessions Case No. 29/4 of 1991 have filed this appeal.

(2.) The prosecution case in short is that the informant Gangadhar Thakur, the Forest Guard examined as P.W.2, the Forest Guard namely, Bansidhar Naik, Bhaktaram Naik (P.W.13), and the Forest Range Officer Tankadhar Naik (P.W.6) were performing patrolling duty on 28.3.1990 around 11.00 P.M. near Karendihunti for detection of forest offence. It is stated that around 3.30 A.M. they saw the three accused persons namely, Andha Naik, Khada Naik and Bana Naik proceeding towards jungle with three bullock carts for carrying forest produce. They requested them not to bring forest produce from the jungle. It is stated that accused Andha and Khada went inside the village and around 4.00 A.M., ten to fifteen persons including those accused persons being armed with lathi and tangia came there. It is the further case of the prosecution that they joined by accused Bana Naik surrounded the members of the patrolling party and all assaulted them by lathi and the handle of tangia causing injuries on their person. The specific case of the prosecution is that the Forest Range Officer, Tankadhar Naik (P.W.6) sustained severe injury on his right leg. The accused persons then damaged their four cycles and out of fear, all the members of the patrolling party left the place. Later P.W.6, the Forest Range Officer had been taken to hospital for treatment. On 29.3.1990 around 9.30 A.M., the FIR (Ext. 3) being lodged by the P.W. 2 the case was registered and investigation commenced. On completion of investigation, charge sheet being filed, ultimately all the ten accused persons faced the trial for commission of offence under sections 148/332/333/149 IPC and 427/34 IPC.

(3.) The plea of defence is that of complete denial.