PITEI BEWA AND 6 ORS. Vs. STATE

JUDGEMENT

(1.) PETITIONERS Arakhita Padhan, Hari Sahu, Bhramar Swain and Daitari Swain stand convicted under Sections 147 and 323, Indian Penal Code and each of them has been sentenced to pay a fine of Rs. 75/ - on each count, in default to undergo R.I. for one month on each count. Petitioners Ghana, Padhan and Fakir Naik stand convicted under Sections 147 and 324, Indian Penal Code and each of them has been sentenced thereunder to pay a fine of Rs. 100/ - on each count, in default to undergo R.I. for one month on each count. Petitioner Pitei Bewa and Bhaskar Padhan are respectively the wife and son of late Dama Padhan, who died after the passing of the impugned judgment, confirming his conviction under Sections 147 and 323, Indian Penal Code and the sentence of fine of Rs. 250/ - on each count, in default to undergo 3 months R.I. on each count.

(2.) THE prosecution case, in short, is that on the date of occurrence, whilst the informant p.w. 1 and his brother p.w. 7 and their servants were cutting paddy from a piece of land belonging to p.w. 1; the Petitioners along with many others came upon the said land and assaulted the aforesaid persons with (sic) and brickbates causing several injuries on p.w. 1, his brother p.w. 7 and their servant Laxman Jena.

(3.) MR . Misra, the learned Counsel for the Petitioners, at the outset made a vain attempt to assail the findings of fact arrived at by the Court ' below on grounds of improper appreciation of the evidence on record, incredibility of the prosecution witness, and non -examination of some material witnesses. This Court, in its revisions, jurisdiction, does not interfere with a finding of fact by fresh reappraisal of the evidence on record so long it is not shown that the Court below misapprehended the evidence on record or there has been a miscarriage of justice due to incorrect appreciation of the evidence. No convening ground could be made out on which the findings of fact arrived at by the Court below can be interfered with in this revision. On a perusal of the impugned judgment and on hearing the counsel for both parties, I am satisfied that the findings of fact have been arrived at on proper and cogent consideration of the evidence on record.