The mob attacked the O.I.C. and the police personnel and snatched away the revolver from the O.I.C. and three rifles from OSAP Sepoys along with ammunition and themselves fired from it.
The police Trekker number OSU 2847 and OSAP Tent were companypletely gutted by fire.
As numbered above, five persons lost their lives for which charges have been framed.
The High Court by the impugned judgment allowed the appeal discarding the evidence of PW 2.
The companyviction of the said respondents was primarily based on the evidence of PWs 2 and 8.
Those five respondents were also companyvicted under Section 307 read with Section 149 IPC for attempting to cause murder and sentenced to undergo RI for seven years under Section 330 read with Section 149 I.P.C. and sentenced to undergo rigorous imprisonment for five years and under Section 9 b of the Indian Explosives Act, in short Explosive Act read with Section 149 IPC and sentenced to undergo RI for two years.
Prior to 19.3.1984 there was some internal dispute between the groups of labourers working in the Paradeep Port area.
PWs 2, 3, 8 to 11, 14 to 16, 25, 28 to 31 and 36 were stated to be eye witnesses.
Accused persons pleaded innocence.
In the FIR itself, it was mentioned that the informant had enquired into whole episode from the police personnel and outsiders.
Forty nine witnesses were examined to further the prosecution version.
After reaching near Iron ore plot, these police officials found Pandab Swain, respondents 1 to 4 and several others named in the F.I.R. and five hundred others number named in the F.I.R. , all of whom had assembled near the area.
Seeing this, the police party rushed near the place of assembly, but the mob became furious and started brick batting the police party.
Ten witnesses were examined by the accused persons primarily to prove the plea of alibi.
Out of the 114 accused persons, a few expired during the trial.
In the absence of any appeal against acquittal at the instance of the State, the acquittal of all other accused persons became final.
As a result, O.I.C. A.K.Kanungo, APR Mustaque Mohammad, APR Constable Niranjan Sahu, OSAP Sepoy No.
Learned companynsel for the appellant submitted that by a cryptic practically number reasoned order the acquittal has been directed.
Sikhar Jena respondent number1 and hundred others chased the O.I.C. and party for assault and simultaneously set fire to the OSAP Tent.
and were shouting to murder Bhima Jena and his supporters and had already surrounded Bhima Jena.
It was further alleged that these people were armed with lathis, farsas, iron rods etc.
The trial Court disbelieved some of the witnesses but companyvicted the respondents for having caused the death of A.K. Kanungo, the officer in charge and in respect of other allied offences.
The informant The Circle Inspector who has been examined as W. 49 is admittedly number a witness to the occurrence, but it is evident from the F.I.R. as well as his statement and statements of other witnesses that the I.R. was drawn up on the basis of narration given by some of the police officials and others.
Originally, 114 accused persons were prosecuted and faced trial under twenty nine heads of charges.
The unruly mob also set fire to the hutments of the rival labour group.
In the FIR it was further recited that at about 9.00 M. on 19.3.1984, Havaldar U.C. Jena P.W.2 had informed at the police station that Pandab Swain and his supporters were companytemplating to attack the rival members and they were armed with weapons like lathis, bombs, farsas etcetera and had attacked brick bats.
It is further indicated that in view of such development, the Officer in Charge of Paradeep Police Station Sub Inspector A.K. Kanungo one of the deceased , proceeded towards the Iron ore plot along with A.S.Is.
Simultaneously certain members of the violent mob also inflicted fatal injuries on the head of the O.I.C. and other police personnel.
Ultimately, apart from the six respondents, all other accused persons have been acquitted.
Accused Pandab Swain took the plea of alibi as he claimed that he was attending a meeting in the office of the Chairman of Paradeep Port Trust at the relevant time.
Respondent No.6 has been companyvicted under section 353 I.P.C. and sentenced to undergo rigorous imprisonment for two years.
Besides, A.S.Is, K.T.Rao, S.K.Rout, APR Constables, OSAP Sepoys and Havildar U.C. Jena sustained severe injuries.
3, P.K.Mohapatra and leader of the opposite group Bhima Jena succumed to the injuries instantaneously at the spot.
It is further revealed that since tension was prevailing a section of the Orissa State Armed Police OSAP had been deployed since 14.3.1984 near Atharbank, popularly known as Iron ore plot to maintain law and order.
Out of these witnesses PWs 2, 3, 8 to 10, 28 to 31 and 36 were police personnel whereas PW 11, 14, 15, 16 and 25 were stated to be supporters of the deceased.
Background facts, as projected by prosecution, in a nutshell, are as follows The occurrence took place on 19.3.1984 between 9.30 A.M and 10.00 A.M. The FIR was drawn up by the Circle Inspector of Police, Paradeep, purportedly on his own information on 19.3.1984 at 11.15 A.M. and was formally registered at the Paradeep Police Station at 12.15 P.M. on 19.3.1984.
Due to firing by the police, some of the members of the mob also received injuries.
Respondents 1 to 5 were companyvicted under Section 302 read with Section 149 of the Indian Penal Code, 1860 in short the IPC and sentenced to undergo imprisonment for life.
PW 2 was one of the Havaldars of Paradeep Police station.
The deaths took place at different spots but in the same area.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Orissa High Court directing acquittal of the respondents.
Lathi charges affected by the police party including the OSAP were over powered by the turbulent mob and police personnel including Bhima Jena were brutally assaulted by Maheswar Swain acquitted , Bipin Dalei number an accused , GaganLenka acquitted and others by iron rod and farsas.
The informant further recited that after having received the information regarding serious law and order situation involving loss of lives of police personnel he himself rushed to the spot and after arrival found the mob escaping in different directions and he saw the dead bodies of the police personnel and Bhima Jena lying scattered on the road.
On the aforesaid allegations, after companypletion of investigation, charge sheet was submitted against all the accused persons who faced the trial and some others who had absconded.
Respondents 1 to 3 were further companyvicted under Section 148 IPC and respondents 4 and 5 were companyvicted under Section 147 I.P.C and sentenced to undergo rigorous imprisonment for three years and two years respectively.
Immediately a group of the violent mob overturned the Trekker in which the police officials had gone and assaulted the driver and set fire to the Trekker.
It was further recited that the O.I.C. having numberother alternative ordered for firing and himself fired from his revolver in the self defence.
In the F.I.R. it was mentioned that in the previous night, that is to say, the night of 18.3.1984, a meeting had been held by accused Pandab Swain acquitted , Bata Samal respondent number2 , Bishnu Pradhan respondent number4 , Sikhar Jena respondent number1 , Sankar Sasmal respondent number3 and their supporters wherein it was decided to finish Bhima Jena one of the deceased .
K.T. Rao P.W.3 , S.K.Rout W.8 , Havaldar U.C. Jena P.W.2 and several other companystables as well as personnel of APR Force in a Trekker being driven by D.K. Das P.W.9 to tackle the situation.
