Judgment

P.V.B. Rao, J

[1] These two appeals No. 85 by Pagla Raba and No. 97 by eight persons, namely, (1) Bairagi Cha-ran Das, (2) Achhebar Dubey, (3) Sidheswar Panda, (4) Chintamani Das, (5) Pitambar Das, (6) Khetramohan Das, (7) Fakir Charan Sahu and (8) Gadadhar Das were filed against the same Judgment and were heard together. All these nine accused persons, along with five others acquitted by the learned Sessions Judge, were tried on charges under Sections 147 , 302 , 302 / 149 , 333 , 333 / 149 , 332 , 332 / 149 , 148 / 109 and 302 / 109 of the Indian Penal Code.

[2] All the accused persons were charged under Section 147 , I. P. C. Accused Lakshman (acquitted) stood charged under Section 302 , I. P. C. and all the other accused persons were charged under Section 302 / 149 , I. P. C. Accused Bairagi, Fakir, Chintamani, Pitambar, Tarini, Khetramohan and Achhebar were charged under Section 333 , I. P. C. The rest of the accused persons were charged thereunder read with Section 149 , I. P. C. Accused Sidheswar was charged under Section 332 , I. P. C. and the rest of the accused persons were charged for the same offence read with Section 149 , I. P. O. All the accused persons except Pagia Baba, Balkrushna Panda and Pornananda Behera were charged under Section 148 , I. P. C. Accused Pagla Baba was also charged under Section 147 read with Section 109 and Section 302 read with Section 109 , I. P. C.

[3] Accused No. 1 Lakshman, No. 8 Tarini Prasad Singh, No. 12 Arjun Pradhan, No. 13 Balakrishna Panda and No. 14 Purnananda Behera were acquitted of all the offences of which they were charged. The first seven appellants in Criminal Appeal No. 97 of 1955--accused No. 2 Bairagi Charan Das, No. 3 Achhebar Dubey, No. 4 Sidheswar Panda, No. 5 Chinamani Das, No. 6 Pitambar Das, No. 7 Khetramohan Das and No. 9 Fakir Charan Sahu were convicted under Sections 148 , 332 and 333 read with Section 149 , I. P. C. and accused No. 11 Gadadhar Das (Appellant No. 3 in Criminal Appeal No. 97) was convicted under Sections 148 , 332 read with Sections 149 and 333 read with Section 149 , I. P. C. No separate conviction against each of these under Section 147 , I. P. C. was recorded in view of their having been convicted under Section 148 , I. P. C;

They were sentenced to various terms of rigorous imprisonment. Accused No. 10 Pagla Baba (appellant in Criminal Appeal No. 85) was convicted under Sections 147 / 109 and 332 / 109 , I. P. C. and was sentenced to one year's simple imprisonment under Section 147 / 109 . I. P. C. and two year's simple imprisonment under Section 332 / 109 , I. P. C. The sentences of all the accused were directed to run concurrently.

[4] In the last paragraph of the judgment, the learned Sessions Judge ordered that all the seized weapons from the Math and exhibited and bloodstained earth which has been seized be destroyed in due course.

[5] The prosecution case is briefly as follows: At the eastern extrimity of Cuttack town and on the bank of the Mahanadi there is a Math popularly known as Kaliaboda Math or Gurukshetra. The head of this institution is Pagla Baba, the appellant in Criminal Appeal No. 85 of 1955. The Math has four gates on the four sides. On the east, south and west there are also houses constructed by the side of the compound walls and inhabited by certain persons. The other accused are alleged to be some of the residents of the Math. Pagla Baba was having many disciples, some of whom were respectable persons even including some medical men and advocates like late Mr. N.M. Das.

Just opposite to this Math, on the other side of the road lies the village Sikharpur inhabited by about 2000 persons. The villagers of Sikharpur go to the Mahanadi by passing the Math. On the northern side of this Math, the boundary wall 's not continuous and there are some passages. On the south, there is also a police outpost facing the main road from Jobra Anicut to Nayabazar to which about eight c