RAJKISHORE JENA Vs. RAJA ALIAS KALASI SAHU

JUDGEMENT

(1.) THE opposite parties who stood their trial for offences under Sections 323, and 325/149 Indian Penal Code were found guilty and convicted thereunder, but instead of any sentence being passed, they were ordered to be released under Section 4 of the Probation of Offenders Act on each of them executing a bond for Rupees 1,000/- to keep peace and be of good behaviour for one year.

(2.) THE prosecution case, in brief, is that on 14-2-67 at about 4.00 p.m., while Kulamoni (P. W. 2) was returning from the house of one Lokenath Patnaik after delivery of certain vegetables, he was waylaid by the accused persons who assaulted him with lathis causing as many as 7 injuries including one on the head of the left fibula with mild degree of displacement of upper fragment. On a report lodged at the P. S. police investigated and ultimately put the accused on trial for offences under Sections 323 and 325/149 Indian Penal Code. THE defence version is that P. W. 2 along with two others obstructed accused Bula from taking their cattle to the kine house and there was mutual assault between him and Bula, during which, P. W. 2 fell down and sustained the injuries. THE other accused deny their presence at the place of occurrence. THE learned Magistrate who tried the case rejected the defence version, accepted the prosecution case, found the accused guilty of offences under Sections 323 and 325/149, Indian Penal Code and convicted them, as stated above.