RATIKANTA ROUT Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgement passed by the learned Additional Sessions Judge, Sambalpur, in S.T. No. 62/5/17 of 1980/81 and S.T. No. 9/6 of 1981, convicting the appellants under Ss.14/148, 323 and 324 read with S.149, I.P.C. and sentencing each of them to undergo rigorous imprisonment for four months on each count except for the offence under S.147, I.P.C. for which no separate sentence was imposed, with a further direction that the sentence shall run concurrently.

(2.) Prosecution case : The occurrence took place on 9-1-190 at about 9.50 p.m. at Belpahar. The injured, Jaya Krishna Naik (P.W. 11), deceased Ramesh Chandra Samantray (for short referred to a 'Samantray') and most of the prosecution witnesses were employees of Belpahar Refractory Factory. P.W. 11, Samantray and the prosecution witnesses belonged to a labour union headed by one Chiranjilal which wa not recognised by the employers of the factory. The appellants belonged to the labour union headed by one Gyana Patnaik which was recognised. There was rivalry between the two unions and the occurrence was inflamed on account of collection of subscription for the labour union headed by Gyana Patnaik which was opposed by P.W. 11 and Samantray. 'B' shift of the factory wa over and 'C' shift was about to commence. The workers who had finished duty in the 'B' shift were coming out of the factory and those who had to join duty in the 'C' shift were going to the factory premises in front of which there is a road crossing named as 'Golei Chhak'. P.W. 11 after finishing duty in the 'B' shift was returning home. When he arrived at the Golei Chhak, appellant Makunda came from his back side and pulled him by the collar of his shirt, as a result of which he fell down on the ground with his face upwards. Appellant Ratikanta caught hold of his neck and appellant Kanheilal pressed the neck. Appellant Makunda who was armed with a knife attempted to stab on his chest, but he caught hold of his hand, as a result of which the knife caused an injury on his left hand. Appellant Kanheilal, Ratikanta and others assaulted him by means of cycle chain, leather belt, fist blows and kicks. When the assault on P.W. 11 was going on, Samantray arrived there and challenged the assailants. Being enraged by his challenge, appellant Krishna Bahadur and others dragged him away. P.W. 11 for fear of his Life ran towards Gumadera, but he was chased by appellants Ratikanta, Bibhisan and Kanheilal who continued to assault him by means of cycle chain, leather belt and fist blows. Somehow he escaped and went to the Belpahar Outpost and made a station diary entry and further sent a report to the Brajarajnagar Police Station (Ext. 7/2). Samantray who was dragged away was also severely assaulted. Appellant Bibhisan dealt a Farsa blow on his left leg. He dealt a second blow which touched his forehead. Appellant Krishna Bahadur aimed a Bhujali, but Samantray caught hold of it and in the process the Bhujali hit his right plan. When the assault was going on in that manner, there was a gathering of workers and Home guards and so all the appellants left the spot. P.W. 1, Biswambar Naik took P.W. 11 to Belpahar Out-post where report was lodged which was treated as F.I.R. (Ext. 8). Both P.W. 11 and Samantray were hospitalised for the injuries rived by them. They were examined by the Medical Officer (P.W. 6). Investigation commenced during which witnesses were examined and some material objects were seized. After close thereof, two charge-sheets were submitted against the appellants for having committed offence under Ss.147, 148, 323, 324, 326 and 307 read with S.149, I.P.C.

(3.) The plea of the appellants was complete denial of their complicity in the offences. They stated that on account of labour union rivalry, they were falsely implicated.