JUDHISTIRA NAYAK Vs. STATE

JUDGEMENT

(1.) The revision is directed against the judgment and order dated 7 -3 -1987 of the learned 1st. Addl. Sessions Judge, Cuttack, convicting the petitioner Judhistira Naik (P -1) Under Section 324, I. P. C. and sentencing him to undergo rigorous imprisonment for two years, and convicting the petitioner Ratnakar Naik (P -2) Under Section 326, I. P.C. and sentencing him to undergo rigorous imprisonment for four years, while setting aside the conviction of both the petitioners Under Section 307, I. P. C. passed by the Asst. Sessions Judge, Cuttack.

(2.) PUT briefly, the prosecution case may be stated as follows. Both the petitioner and members of the prosecution party, namely, P. Ws. 1, 7 and 6 are the adjoining land owners having a common ridge in between their fields running from north to south. The prosecution party purchased their land lying to the east from one Ajit Kumar Sur, and the petitioners were Bhag Chasis under Ajit Sur in respect of the lands possessed by the petitioners to the west of the ridge. Both the parties had series of litigations in different Courts over the ridge, the members of the prosecution party claiming lands to the further west of the ridge, i. e, some lands lying on the side of the petitioners and possessed by them. On 2 -5 -1982 P. Ws 1 and 7 along with their field servants demolished the common ridge and wanted to put up a new ridge to the west of the existing ridge as per the decision of the Panchayat. The petitioners came and protested. This led to exchange of words between both the parties. It is alleged that P -1 attacked the informant. P. W. 1, with a knife casing incised wound on his head. When P. W, 7 came to the rescue of his brother, P. W. 1, P -2 assaulted him on his head by means of a spade, as a result of which P. W. 7 sustained bleeding injuries on his head and fell down unconscious on the ground. Information was lodged at Cobindpur police station on 4 -5 -1982 at about 9 AM. P. W. 9, the Officer -in -charge, Cobindpur police station, registered a case against the petitioners on the basis of the F. I. R., Ext. 1 and took up preliminary investigation of the case. He directed the A. S. I. of Police, P. W. 10 to investigate into the case, in course of which he sent requisition for examination of the injured persons, P. Ws. 1 and 7 and he also made some seizures, such as, weapons of offence, and on completion of investigation, P. W. 9 submitted charge sheet against the petitioners.

(3.) IN support of its case prosecution has examined 11 witnesses in all, of whom P. W. 1 is the informant and the injured, P. W. 7 is his brother, another injured, while P. Ws. 3, 5 and 8 have been examined as eye witnesses, P. Ws. 2 and 6 have been examined as post occurrence witnesses, P. Ws. 4 and 11 the doctors who had examined the injured, and P. Ws. 9 and 10 are the Investigating Officers. The petitioners have also examined three witnesses in their defence.