ASHOK DAS AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision application is directed against the judgment dated 4.1.1999 passed in Criminal Appeal No. 13 of 1999 by which the Addl. Sessions Judge, Jagatsinghpur, has confirmed the order of conviction and sentence passed by the Chief Judicial Magistrate -cum -Asst. Sessions Judge, Jagatsinghpur, in S.T. Case No. 499/95 arising out of G.R. Case No. 417/94 convicting Petitioner Nos. 6 and 7 under Sections 3(14, Part -II/34 of the Indian Penal Code ('I.P.C.' in short) and sentencing each of them to undergo rigorous imprisonment for seven years and to pay a find of Rs. 1,000/ -, in default, to undergo R.I. for a further period of two months. The trial Court also convicted Petitioner Nos. 1 to 5 under Section 323/34, I.P.C. and sentenced each of them to undergo R.I. for six months and to pay a fine of Rs. 500/ -, in default, to undergo R.I. for one month more.

(2.) THE Appellants (hereinafter referred to as 'the accused') stood charged under Sections 341/323/324/249/304/34, I.P.C. for wrongfully restraining the deceased -Brundaban Das; for voluntarily causing hurt to one Nabaghan Das and Kusa Das; for voluntarily causing hurt to the deceased -Brundaban Das by means of Far say for abusing the deceased -Brundaban Das in vulgar words in public place to his annoyance and for causing death of the deceased -Brundaban Das by assaulting him by means of a Farsa with the intention of causing such injury as was likely to cause his death, in furtherance of their common intention.

(3.) THE defence plea was one of complete denial of the charges.