PADMA CHARAN NAHAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD argument from both the parties and the Judgment is as follows:

(2.) BOTH the Appellants together with three accused persons faced trial in Sessions Case No.39 of 1995 (S.C. No.220 of 1995 -G.D.C.)in the Court of 2nd Addl. Sessions Judge, Berhampur. Out of them accused -Appellant Padma Charan Nahak and Lingaraj Nahak faced charge for the offence under Sections 148, 302/149 I.P.C. Section 3 of the Explosive Substance Act, 1980 and co -accused Pitambar Pradhan, Raju @ Rajkishore Pradhan and Raghunath Nahak faced charge for the offence under Section 302/109 I.P.C. Learned 2nd Addl. Sessions Judge delivered the impugned Judgment on October 28, 1996 convicting the Appellants for the offence under Sections 302/149 I.P.C, Section 148 I.P.C. and Section 3 of the Explosive Substances Act and sentencing them respectively for imprisonment for life, rigorous imprisonment for two years and rigorous imprisonment for five years each. So far as the remaining three accused persons are concerned, the Trial Court acquitted them from the charge under Sections 302/109 I.P.C. There is nothing on record and also the Learned Government Counsel does not say that such order of acquittal of the co -accused persons is under challenge.

(3.) PROSECUTION examined as many as ten witnesses in order to substantiate the charge and relied on a series of documents marked, Exts. I to 24 and the Material objects such as, wearing apparels of the deceased and the Khanda (Kati), M.O. IV being one of the weapons of offence, seized during the course of investigation. The accused persons examined two witnesses to prove their innocence.