THE STATE OF BOUDH Vs. BANAMALI MOHARANA AND 30 ORS.

JUDGEMENT

(1.) CRIMINAL appeal No. 88 of 1958 was filed by 15 Appellants who were convicted under Section 147 of the Indian Penal Code, whereas Criminal Appeal No. 98 of 1958 was filed by Dayanidhi Goudo against his conviction under the same section. Government Appeal No. 13 of 1958 was filed by the State of Orissa against the acquittal of accused Nos. 1 to 11 of the charge under Section 395/149 and of accused Nos. 12 to 31 of the charge under Section 395 as also of 16 other accused persons who were acquitted, of the charge under Section 147 of the Indian Penal Code. All the three appeals were hard together and are governed by this common judgment.

(2.) I would first take up the appeals against conviction, that is, Criminal Appeal No. 88 of 1951 and Criminal Appeal No. 98 of 1958.

(3.) THE application under the Orissa Tenants Relief Act; filed by the tenants was dismissed by all the courts below and an application under Article 226 and Article 227 of the Constitution of India was also pending before the High Court on the date of occurrence. It was further alleged that accused Banamali Moharana was, the local leader of the Praja Socialist Party and a meeting to incite the tenants was held in village Baunsia on the night previous to the date of occurrence, that is, on August 10, 1957. It was decided there in to put pressure on p.w. 1 by assaulting him and looting his property. Accordingly, at about 7 -30 A.M. on the following morning (11 -8 -1957) all the 31 accused persons along with many others entered inside the house of P.W. 1 while he was talking with Khetra Pradhan, Ananta Charan Patnaik and Dinabandhu Patnaik, P.Ws. 2, 3 and 4 respectively. When P.W. 1 saw this crowd coming armed with lathis and Katuas, he with the help of P.Ws. 2, 3 and 4 tried to close the front door of his house but was unsuccessful. The miscreants thus entered inside the house when P.Ws. 1, 2 and 3 finding no other way to go out entered the latrine situated in the courtyard where all the accused persons had gathered by then. The prosecution case then is that some of the persons assaulted P.Ws. 1, 2 and 3 by poking their lathis through the doorway and the window of the latrine causing a number of injuries on their persons. Simultaneously with the assault, some other accused persons broke open the lock of the granary and carried away the paddy in baskets and bags. P.W. all along was entreating the accused persons not to assault P.Ws. 1, 2 and 3, whereupon accused Banamali Moharana and others said that unless P.W. 1 execute a document giving up his rights in the lands under dispute, he would be killed. Accordingly, P.W. 1 was compelled to write out a document as required by them and the said document was alleged to have been taken away by the accused persons. Accused Narayan Das snatched away the wrist watch of P.W. 1 and wearing cloth which was stained with blood. After the miscreants had left the house, P.W. 1, 2, 3 and 4 closed the doors of the house and remained inside till about 5 in the evening when the father of p.w. 1, that is, P.W. 8 came there on receipt of information from his Halia, Raju Nahak (P.W. 7). In the meantime, the group Karji, Gokulananda Patnaik (P.W. 16) had given certain information at the Police Station at Purusottampur. So also, one Harihar Das, a cousin of P.W. 1 had sent information to the Police. An Assistant Sub -Inspector of Police (P.W. 20) with two constables arrived at village Baunsia at about 8 P.M. P.W. 1 handed over the first information report (Ext. 1) to P.W. 20. It is alleged that as P.Ws. 1 to 4 were trifid, P.W. 20 did not record their statements but started investigation by making certain seizures. On the following morning (12 -8 -1957) the Circle Inspector of Police (P.W. 21) arrived there at about 10 A.M. and took the investigation. He examined the witnesses and arranged for a photograph of the disturbed widow, the photographer having arrived according to previous arrangement. A Doctor of Purusottampur dispensary also arrived in the morning and examined the injuries on the persons of P.Ws. 1 to 4 on the requisition of the Police Officer. Thus, after the completion of the investigation a charge -sheet was filed against the accused, persons: all the 31 accused persons were charge -sheeted for the offences under Section 147 and 395 of the Indian Penal Code. The accused persons thus sent up for trial were: