NATU MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant no.1 (Natu Mallik) along with deceased- appellant no. 2-Dama Mallik having been convicted for the offence under section 396 IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.2000/- in default to undergo rigorous imprisonment for one year by the judgment and order dated 13.01.2005 and 24.04.2005 respectively passed by the learned Ad hoc Additional Sessions Judge (FTC), Baripada in S.T. Case No.37/79 of 2004/02, had filed this appeal. The appeal stands abated as against appellant no. 2 and is thus now confined to the appellant no.1, hereinafter referred to as 'the appellant'.

(2.) The prosecution case, as it reveals from the FIR (Ext.1) is that on 23.06.2001 morning around 5.30 am when the informant (p.w.1) was going on his bi-cycle to bring sal leaves for his goats; on the way near Balidiha Chhak, these accused persons (both the appellants) asked him to get down from the cycle and searched his pocket. It is alleged that when p.w.1 told them that he had no money, the accused persons gave him pushes, kicks and dealt fist blows. It is next alleged that accused Daman Bhuyan (since acquitted) was holding a bhujali and accused Natu had a bow with him when the other accused assaulted this p.w.1 by means of sickle causing bleeding injuries and then they snatched away the cycle. P.W.1 then rushed to the residential colony at village Purunapani and informed the villagers such as Sarbeswar Mohanta, the deceased, p.ws.2 to 4 as also others. It is stated that they rushed to detain the accused persons and then accused Natu shot an arrow, which pierced through the chest of Sarbeswar Mohanta causing profuse bleeding. Thereafter, when accused Natu again attempted to shoot another arrow, p.w.4, son of the deceased, caught hold of him. It is said that other accused persons fled away towards their village. Said Sarbeswar being shifted to the hospital; ultimately succumbed to the arrow shot injury.

(3.) The FIR, being lodged by p.w.1 at Moroda police station, the same was registered as P.S. Case No.53 of 2001 and the investigation commenced. The I.O. (p.w.17), on completion of investigation, submitted charge sheet placing these appellant-accused persons as also one Daman Bhuyan (since acquitted) to stand their trial for commission of offence under section 396 IPC.