PITAMBER MOHANTA & ORS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 03.05.1999 passed by the learned Addl. District & Sessions Judge, Rairangpur, in S.T. Case No. 11/98 of 1998 in convicting the present appellants for commission of offence under Sections 148/302/323 read with Section 149 I.P.C. and sentencing each of the appellant to undergo for imprisonment of life under Section 302 I.P.C. and to undergo R.I. for two months under section 148/323 I.P.C on each count. It was also directed that the substantive sentences are to run concurrently.

(2.) The prosecution case as reveals in brief from the FIR story is that on 09.06.1997, the informant Sarbeswar Mohanta (P.W.1), his son Thakurdas Mohanta (P.W.2), Paresh Mohanta (P.W.4), Umesh Mohanta, the deceased and his labourer Arup Sardar went to plough the disputed land situated at village Bhursa. After reaching there when they were preparing to plough the land, accused Pitambar (appellant no.1) and his two sons, Sushil (appellant no.3) and Sumanta (appellant no.2) along with 6 to 8 persons being armed with lathis and Thengas assaulted the son and brother-in-law of the informant in the field, as a result of which Umesh Mohanta died and Thakurdas was seriously injured. The accused persons also assaulted the informant by means of lathi on his leg and when they chased to assault further, the informant fled away and reported the matter at Bahalda Police Station.

(3.) The O.I.C. Bahalda Police Station registered Bahalda P.S. Case No. 34/97 and took up the investigation. He went to the spot, issued injury requisition in respect of the injured, held inquest over the dead body and forwarded the same for post-mortem examination. He seized some Hawai chappals, plough weapon, wood on handle yoke, bamboo stick and also seized the blood stained earth and blood stained wearing apparels of the deceased. After completion of the investigation charge sheet was submitted against the appellants along with some others.