- (1.) This appeal under Section 378 Cr.P.C. has been filed by the appellants challenging the impugned judgment and order dated 30.06.1980 of the learned Sessions Judge, BolangirKalahandi, Bolangir passed in Sessions Case No.37-B of 1976 and Sessions Case No.36-B of 1978 in acquitting all the nine respondents of the charges under sections 120-B, 147, 302/34 and 302/149 Indian Penal Code so also the respondent no.1 of the charge under section 302 Indian Penal Code. At the time of hearing, it was stated at the Bar that respondent no.1-Premlal Suna, respondent no.2-Jagyan Puruseth, respondent no.4-Gunanidhi Ghasi @ Banchhor, respondent no.5-Prafulla Bhoi, respondent no.6-Sugyan Sandh and respondent no.8-Tikaram Agrawalla are dead. The learned counsel for the State on taking instruction from the concerned police station also confirmed the death of the aforesaid respondents. In view of such submissions, this Criminal Appeal stands abated as against respondent nos.1, 2, 4, 5, 6 and 8 in view of the provisions under Section 394 (1) Cr.P.C. Thus the Criminal Appeal now survives only in respect of respondent no.3-Dhobai Podh, respondent no.7-Prasanna Kumar Pal and respondent no.9-Artatrana Singhdeo.
(2.) The appellants preferred an application under sub-sections (3) and (4) of section 378 Cr.P.C. for grant of leave to appeal from the impugned judgment and order of acquittal before this Court on 26.09.1980 which was registered as Criminal Misc. Case No.423 of 1980. The said application was dismissed at the stage of admission on 12.01.1982. The appellants preferred an appeal by Special Leave before the Hon'ble Supreme Court against the order dated 12.01.1982 of this Court for summarily dismissing the application for grant of leave. The appeal before the Hon'ble Supreme Court was registered as Criminal Appeal No.711 of 1983. The Hon'ble Supreme Court vide order dated 02.12.1983 granted leave under Section 378(4) Cr.P.C. and directed this Court to hear the appeal on merits and dispose of the same in accordance with law. After receipt of the order of the Hon'ble Supreme Court, Criminal Misc. Case No.423 of 1980 was re-registered as the present Criminal Appeal No.22 of 1984.
(3.) The prosecution case, in short, is that the accusedrespondents were the members of Yuva Congress Party and they were political adversaries of the deceased Parsuram Satpathy (hereafter "the deceased"), who was the brother of appellant no.1 Hareram Satpathy. The deceased was a Journalist by profession and a staunch supporter of Bharatiya Lok Dal. There was political rivalry between the parties and several criminal litigations cropped up between them prior to the date of occurrence. A case and counter case was instituted between the parties on 16.11.1974 and in that connection the deceased was arrested on 16.11.1974 and he was released on bail on 22.11.1974. Two days prior the occurrence i.e. on 27.11.1974, some of the respondent-accused persons had threatened the informant Hareram Satpathy (appellant no.1). It is the further case of the prosecution that the occurrence took place on 29.11.1974 at about 7.30 p.m. on the road in between P.P. Academy Chhak and Bhagirathi Chhak of Balangir Town. At that time, the deceased and P.W.1 Bibhudananda Udgata were proceeding towards Bhagirathi Chhak. P.W.1 was holding his cycle. The respondents were waiting near P.P.Academy Chhak in a Congress Party Jeep. Someone sitting inside the jeep informed the other occupants about the arrival of the deceased in a loud voice. Being apprehensive of danger, the deceased took the cycle from P.W.1 and speedily proceeded towards Bhagirathi Chhak. The respondents chased the deceased in the Jeep and dashed the Jeep against the cycle of the deceased. The deceased fell down on the ground but even thereafter the respondents in order to kill the deceased brought the Jeep back by reverse gear and deliberately ran over the Jeep on the deceased for which the deceased sustained severe injuries on his person and eventually succumbed to the injuries. It is the further prosecution case that P.W.1 Bibhudananda Udgata, P.W.12 Hrudananda Nanda and P.W.18 Hareram Satpathy (appellant no.1) reached at the spot where the deceased was lying in a pool of blood. On the request of P.W.1, one Advocate of Bolangir namely Shri Hari Bandhu Swain informed the incident to Sadar Police Station, Bolangir over phone. On the basis of such telephonic communication, Station Diary Entry No.691 dated 29.11.1974 (Ext. A) was made. P.W.19 Pabitra Mohan Das, Sub-Inspector of Police along with other police officials proceeded to the spot. At the spot, P.W.18 Hareram Satpathy lodged a written report (Ext. 12/2) at 7.40 p.m before P.W.19. The report was sent by P.W.19 to Sadar Police Station, Bolangir for registration and accordingly Bolangir Sadar P.S. Case No.281 of 1974 was registered on 29.11.1974 at 7.50 p.m. under Section 147/302/149/120-B Indian Penal Code. P.W.19 arranged a police jeep for shifting the cadaver of the deceased to the District Headquarters Hospital, Bolangir in the same night. P.W.19 found the cycle lying in a damaged condition and also skid marks of a vehicle at the spot. After making arrangement to guard the spot till the morning, P.W.19 examined some witnesses, searched for the accused persons in their houses but he could only be able to arrest two accused persons, namely, respondent no.3-Dhobai Podh and respondent no.4-Gunanidhi Ghasi @ Banchhor (since dead). On 30.11.1974 P.W.19 conducted inquest over the dead body of the deceased at Bolangir Hospital in presence of the witnesses and prepared inquest report Ext.30. He also sent the dead body for post mortem examination through constables. He further visited the spot and seized blood stained earth and sample earth from the place of occurrence and some human hairs in the presence of the witnesses vide seizure list Ext.15. The cycle was seized under seizure list Ext.16. On 30.11.1974 P.W.22 Arjun Behera who was the Circle Inspector of Police, Sadar, Bolangir took over charge of investigation from P.W.19. He also visited the spot, arrested respondent no.8- Tikaram Agrawalla, received post-mortem report Ext.2, seized the Jeep bearing registration no.DLH-9836 on 2.12.1974 from the garage of the Congress Party which was locked from outside and the lock was sealed and the garage was guarded by the police. The photographs of the Jeep were taken and scientific experts from F.S.L., Rasulgarh, Bhubaneswar also technically examined the Jeep. On requisition of P.W.22, the M.V.I. (P.W.6) also examined the Jeep. The Jeep was seized under seizure list Ext.1. On 11.12.1974 P.W.22 handed over the charge of investigation to P.W.20 Gadadhar Das, Inspector of Police, CID (C.B.), Cuttack as per the orders of D.I.G., (CID and Railways). P.W.20 also visited the spot, examined the witnesses and after completion of investigation submitted charge-sheet on 10.02.1975 only against six accused persons i.e. respondents no.1 to respondent no.6. So far as the respondents no.7, 8 and 9 were concerned, the police submitted a final report saying that from the investigation carried on by it, no offence appeared to have been made out against them.;