GOURA GOBINDA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two Criminal Appeals are directed against the judgment dated 9-2-1994 passed by the Special Judge-cum-Sessions Judge, Koraput, Jeypore in S.C.No. 192 of 1993, convicting the two appellants under Section 332/34 of the Indian Penal Code (for short 'IPC') and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') and sentencing them to undergo rigorous imprisonment for six months on each count with direction that the sentences will run concurrently. The appellants have beenacquitted of the charge under Section 307/34, IPC read with Section 3(2)(v) of the Act.

(2.) Mr. Manoj Misra, learned counsel for the appellants, and the learned Addl. Standing Counsel for the State were heard at length.

(3.) Prosecution case, in brief, may be stated as follows :-In the night of 4-1-1993, P. Sethi (P.W. 5), S. I. of Police attached to Rayagada P. S. and belonging to Scheduled Caste being 'Dhoba' by caste and S. Gamango (P.W. 2), Havildar attached to the said P. S. and belonging to the Scheduled Tribe being 'Sabara' by caste, were performing patrol duty in Rayagada Town and at about 2 a.m. on 5-1-1993 they found both the appellants moving in an intoxicated state near the Sub-Collector's Office. They detained them with a view to execute the non-bailable warrant of arrest issued against appellant Goura Gobinda Das in G.R. Case No. 349/91. When asked to come to the Police Station for execution of the warrant, it is alleged that appellant Goura Gobinda Das pressed the neck of P.W. 5 intending to kill him and when P.W. 2 intervened he was assaulted by both the appellants. In the process the shoulder flap of the shirt of P.W. 5 was torn and the nickel badge was separated. It is also alleged by the prosecution that both the appellants called P.Ws. 5 and 2 by their caste and threated to see them when they would be found in civilian dress. At that time a Police Constable and a Home Guard reached the spot and seeing them both the appellants took to their heels, but fell down at a little distance near Hotel Swagat and were apprehended. It is the further case of the prosecution that another police party led by B. Aich (P.W. 6), S.I. of Police attached to Rayagada Police Station reached the spot in a police jeep and both the appellants were taken to Rayagada Police Station in that vehicle. P.W. 5 lodged the F.I.R. (Ext. 7) and the Inspector-in-charge of the Police Station registered case and directed P.W. 6 to take up investigation. P.W. 6 sent P.Ws. 5 and 2 as well as both the appellants for medical examination and P.W. 1-Dr. S. Panda medically examined them and submitted the injury reports, Exts. 1 to 4. His further opinions were obtained as per Exts. 5 and 6. The recovered shoulder flap and badge were seized under seizure list Ext. 6 and kept in the Zima of P.W. 5 vide Ext. 9. After completion of investigation P.W. 6 submitted chargesheet against both the appellants under Sections 307/332/34, IPC read with Section 3(1)(x) of the Act. Charge was framed under Sections 307/34, IPC read with Section 3(2)(v) of the Act, 332/34, IPC and Section 3(1)(x) of the Act against the appellants who stood their trial.