JUDGMENT

S.PANDA, J. - Both these Criminal Appeals are directed against the judgment dated 14.12.1999 passed by the 1st Addl. Sessions Judge, Puri in Sessions Trial Case No.63/411 of 1996 in convicting the appellants for commission of offence under Section 148 I.P.C. and sentencing them to undergo Rigorous Imprisonment for three years and for commission of offence under Sections 302/149 I.P.C. and sentencing them to under Rigorous Imprisonment for life. It was also directed that both the sentences are to run concurrently and the period of detention in custody by the convicts, if any, be set off.

2. The prosecution case, in brief is that on 31.08.1994, the deceased Sukanta Panda along with P.W. 3 Kalia Swain, alias Naba Kishore Swain, Panchu Jena and Hari Swain had gone to Puri and at about 6.00 P.M. on the same day they left Puri for their village. At Sakhigopal, all of them got down from the bus. Panchu Jena stayed at Sakhigopal and the deceased, P.W. 3 and Hari Swain went to their village in their way, Hari Swain left them near a bridge at village Majhikera about thereafter the deceased along with P.W. 3 went to village Dihapur. While they were going as such, the accused persons being armed with Farsa, Bhujali, Lathies, etc. surrounded the deceased and P.W. 3. At that time, P.W. 3 ran out of fear, but on his way, he was assaulted by the accused Sagar Dash by lathi. In between 10.30 to 11.00 P.M., P.W. 8 Indramani Pradhan had been to the village Dihapur to the house of the deceased to collect the sale proceeds of green coconuts, which he had given to Padmalav Mahapatra, the elder brother of the deceased. There, P.W.8- Indramani Pradhan, P.W.9-Padmalav Mahapatra and P.W. 10-Radhamani Panda, heard the cry of the deceased “MOTE HANI PAKEILE’. Hearing such shout, P.Ws. 8, 9 and 10 went to the spot and found that the deceased Sukanta Panda was lying with severe bleeding injuries on his person. The accused persons were also present there on the spot. The deceased Sukanta was nourished and on being asked the deceased told that accused Iswar Pradhan, Narayan Pradhan, Ananta Pradhan, Balakrishna Mahapatra and Kumar Mahapatra caught of him and thereafter the accused Kumar Mahapatra dealt a Farsa blow on his left leg near the knee, accused Susanta Padhan assaulted him by Farsa on his right wrist, as a result of which the right wrist with fingers were detached from his body, accused Jaya Das assaulted him by a Farsa on his right leg, accused Parasuram Sahu assaulted him by a Farsa on his left palm, accused Rabi Sahu assaulted him on his right leg with Farsa giving two blows and accused Mahia gave a Farsa blow on his left leg. The other accused persons also assaulted him by fist blows, kicks and iron rods. Thereafter, injured-Sukanta Panda was taken in a bullock cart to Sakhigopal hospital, but on the way, he succumbed to the injuries. P.W.10, the mother of the deceased lodged the F.I.R. Accordingly the O.I.C. Satyabadi Police Station went to the spot on 01.09.1994, seized the bloodstained earth and held inquest over the dead body. He despatched the dead body for post-mortem examination. After completion of investigation, charge-sheet was submitted finding sufficient evidence against the appellants and other accused persons to have committed offence under Sections 148, 302 and 149 I.P.C.

3. The appellants’ defence plea was one of complete denial.

4. In order to bring home the charge, during trial the prosecution examined as many as 12 witnesses and exhibited 11 documents, which were marked as Exts. 1 to 11. On the other hand, the defence had neither examined any witness nor exhibited any document. The prosecution also proved Material Objects from M.O.I. to M.O. I/5.

5. The learned Addl. Sessions Judge after threadbare discussion of the materials available on record and on consideration of evidences found the appellants guilty of the charges for commission of the offence punishable under Section 148 I.P.C. and sentenced them to undergo Rig