LINGARAJ SETHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) In the present revision the petitioners seek to challenge the judgment dtd. 20/8/2013 passed by learned Addl. Sessions Judge, Bhanjanagar in Criminal Appeal No. 03 of 2007, whereby the judgment dtd. 15/9/2006 passed by Asst. Sessions Judge, Bhanjanagar in Sessions Case No. 74 of 2002 was confirmed. By the aforementioned judgment, learned Asst. Sessions Judge (Trial Court) convicted the petitioners for the offence under Ss. 323/326/307/34 IPC and sentenced them to undergo R.I. for five years and to pay fine of Rs.5,000.00, in default, to undergo R.I. for six months for the offence under Sec. 307 of IPC and R.I. for three years and to pay a fine of Rs.1,000.00, in default to undergo R.I. for two months for the offence under Sec. 326 of IPC and R.I. for six months and fine of Rs.500.00, in default to undergo R.I. for two months for the offence under Sec. 323 IPC. All the aforementioned offences were directed to run concurrently.

(2.) The prosecution case, in brief, is that on 8/5/2002, at about 8 p.m. when the informant and his father were present in their house and were discussing about the marriage of their daughter, the petitioner-Lingaraj Sethi being armed with a tangia and the petitioner-Krushna Sethi armed with a lathi came to the spot and abused them in obscene language and demanded to know as to why they were discussing about him. Thereafter, the accused-Lingaraj Sethi dealt a blow with the tangia on the neck of victim, Daya Sethi and accused-Krushna dealt a blow with lathi on the hand of the said Daya Sethi. As a result of the injury, the victim sustained severe bleeding injuries. Since some villagers arrived, the petitioners fled away. The informant, Abhi Sethi lodged FIR before OIC, Buguda Police Station leading to registration of P.S. case and investigation was taken up. After completion of investigation, charge sheet was submitted against the accused persons for the aforementioned offences.

(3.) Heard Mr. A.R. Dash, learned counsel for the petitioners and Mr. A. Pradhan, learned Addl. Standing Counsel of the State.