RABI CHETI AND OTHERS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Eleven appellants (hereinafter referred to as the 'accused') faced trial for allegedly having committed offences punishable under sections 143,302 and 302 read with section 149 of the Indian Penal Code, 1860 (in short, 'IPC'). It is alleged that they committed rioting being armed with deadly weapons like lathis and tangia and caused death of Kamar Khosala (hereinafter referred to as the 'deceased') by assaulting him by aforesaid weapons in prosecution of common object of the unlawful assembly.

(2.) Sans unnecessary details prosecution case is as follows :

(3.) Eleven witnesses were examined to further prosecution version. Out of them, P.Ws. 1, 2, 3 and 4 claimed to be eye witnesses, P.W. 10 is the Doctor who conducted post-mortem examination. While conducting post-mortem examination, 14 injuries were noticed by the Doctor. Out of them, injury nos. 3, 5, 8, 10, 11, 13 and 14 were stated to be possible by sharp cutting weapon. Cause of death was attributed to excessive hamorrhage as a result of injury. Injury no. 10 was indicated to be fatal one. P.Ws. 5 and 6 are Ward member and Nayak of the village, before whom the incident was narrated. P.W. 4 made a departure from the version given during investigation, while deposing in Court. Placing reliance on the evidence of P.Ws. 1, 2 and 3 and taking note of seizure of tangia and lathis from the houses of accused persons and serological report, learned Addl. Sessions Judge found each one of the accused guilty of offences punishable under sections 148, and 302 read with section 149 Penal Code and convicted each one of them to imprisonment for life for offence punishable under section 302/149 Penal Code and to undergo rigorous imprisonment for three years for offence punishable under section 148, IPC.