GOURA THAPPA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Having been convicted by learned AddI. Sessions Judge, Bolangir in Sessions Case No. 11/1 of 1988 under Section 307/34, I.P.C. as per the impugned judgment dated 3 1/3/1988 appellants have preferred this appeal.

(2.) As it reveals from the impugned judgment and the evidence on record that on 7/6/1987 at about 7 A.M. there was a quarrel and mutual fight between the prosecution party and the appellants on a piece of land in Bhadrapali locally known as Amtibahali Tangar Danga Duli. In that mutual fight both the parties sustained injuries and there were F.I.R. and counter F.I.R. The case in which the appellants are the accused persons that was registered as G.R. Case No. 239 of 1987 and after commitment that was registered as above noted Sessions Case No. 11/1 of 1988 whereas the criminal case in which the appellants party was the informant was registered as G.R. Case No. 240 of 1987.

(3.) According to the prosecution allegation P.Ws. 1, 2, 3 and 9 sustained injuries. Amongst them P.W. 9 sustained stab below on the abdomen which was found to be grievous by the Doctor as per the evidence of Doctor Chittaranjan Sadangi (P.W. 7) and Ext. 4. Similarly, P.W. 2 sustained incised injury as per injury No. 4 in the injury report Ext. 5, but that injury was simple in nature.