BHIKA JENA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is preferred against the judgment of the learned Sessions Judge, Balasore, convicting all the five Appellants under Section 148, I.P.C. and sentencing each of them to undergo rigorous imprisonment for six months and to pay a fine of Rs. 100/ -, in default to undergo rigorous imprisonment for two weeks more, and further convicting Appellant Bhika under Section 304, Part I, I.P.C. and sentencing him to undergo rigorous imprisonment for four years, in Sessions Trial No. 8 of 1982.

(2.) THE prosecution case briefly stated, is that an 21 -1 -1981 as the deceased Biswanath and his two sons Shankar and Makara were cutting bamboos from the bamboo clumps in Talamedhisasan, all the accused persons armed with deadly weapons came there and challenged the deceased as to why he was cutting the bamboos and immediately thereafter accused Bhika gave a Tangia blow an the head of the deceased, as a result of which the deceased fell down and thereafter accused Ramachandra gave a Katari blow an the back of the deceased and accused Bharat hit the deceased with a lathi and when the sans of the deceased raised an alarm accused Jagendra and Purusattam chased them when they ran away from the place. Subsequently the deceased was taken to Baisinga. Hospital and an the advice of the Medical Officer, Baisiriga, the deceased was taken to Balasore Hospital for better treatment, but by the time he had reached the Balasore Hospital he died. Shankar the son of the deceased, lodged the F.I.R. and on the basis of the F.I.R. the Police proceeded with the investigation of the case and submitted the charge -sheet against the accused persons.

(3.) THE plea of the defence is one of denial and no witness was examined on the 'side of the defence.