DHOBA DHOBA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioners assail conviction and sentence awarded by learned Asst. Sessions Judge, Sonepur, and confirmed in appeal by learned Sessions Judge, Bolangir.

(2.) Background facts as presented by prosecution, are that on 28.8.1986 Magiram Sahu (P.W. 5) found petitioner Dhoba cutting the ridge of his field, and diverting water to his field. On his raising protest the said accused Dhoba slapped him. On returning from field, Magiram went to village Bhimatikra, informed the incident to his uncle Shiba Sahu (since deceased) and cousin Shyama (P.W. 1) and thereafter, the three of them came to village Meghala which is village of petitioners, to make grievance about the incident. The petitioners surrounded them, and petitioner Babaji caught hold of the legs of Shyama (P.W. 1), petitioner Bhubana forcibly caught hold of both his hands and made him lie down on the ground. Thereafter petitioner Dhoba sat on his chest, and at this time Krushna cut his right ear by a knife. As a result, the ear was severed from the body. Petitioners also assaulted Shiba, and Magiram. FJ.R. was lodged, injured persons were examined by Medical Officer, Binka P.H.C., investigation was taken up and on completion thereof charge-sheet was submitted indicating allegation of commission of offences under sections 307/342/323 read with 34 of the Indian Penal Code, 1860 (in short the IPC). Petitioners took plea of false implication due to previous animosity.

(3.) Six witnesses were examined to further case of prosecution. Trial court disbelieved assault on Magiram and Shiba. It also found that injury due to cutting of Shyamas ear did not attract section 307, IPC. It however, held that petitioners were guilty of offence under section 326/34, IPC and sentenced each one of them to rigorous imprisonment for two years. In appeal, conviction and sentence were maintained.