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Showing contexts for: students election in Susanta Das vs State Of Orissa on 6 January, 2016Matching Fragments
15. Keeping the above legal position pertaining to application of Sec- tion 149, when we examine the case on hand, the motive for the alleged assault is the grudge of the accused-Ashok Das alias Gopal Das who contested in the college student election in which P.W.8 also contested, who stated to have ultimately won the elections. According to the case of the prosecution, all the appellants gath- ered under a mango tree and the recoveries made at that spot dis- close, whisky bottles etc., to show that they were waiting at the place of occurrence. The recovery of bhujali and the cover at the place of occurrence as disclosed in the inquest report supported by the version of P.W.13, investigating officer, clearly proved that the assailants while waiting at the spot, shared their common object. The common object shared by them resulted in the assault on P.W.8. We can deduce from the evidence of P.W.8 that at the spot, he could notice the accused making their appearance from behind a mango tree with each one of them holding a deadly weapon. Ac- cording to P.W.8, accused-Ashok Das alias Gopal Das was holding a sword; A1 was holding a Bhujali and rest of the accused were hold- ing cycle chains. On seeing their sudden appearance, while riding the motor cycle, P.W.11 apparently lost control and in that process, it is narrated by P.W.8 and 11 that accused-Ashok Das alias Gopal Das gave a sword blow to P.W.8 on his face and when P.W.11 fell down from the motorcycle along with P.W.8, A3 and A4 stated to have held the deceased while accused-Ashok Das alias Gopal Das dealt a sword blow on the backside of the head of the deceased, who cried for help. A1, stated to have inflicted Bhujali blow on the left scapula of the deceased and when A1 attempted to inflict an- other blow with the bhujali, the deceased stated to have attempted to catch hold of the bhujali and sustained injuries on his left hand.