RUKMAN BAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) An appeal by way of an application U/S.374(2) of the Code of Criminal Procedure, 1973 (in short the 'Code') seeks to challenge the judgment of conviction and order of sentence passed on 15. 03.1994 by the learned Additional Sessions Judge, Titilagarh in Sessions Case No.17/7 of 1994 convicting the appellants for commission of offence punishable U/S.325 with the aid of Sec. 34 of Indian Penal Code (in short the 'IPC') and sentencing each of them to undergo Rigorous Imprisonment (R.I.) for 3 years and to pay a fine of Rs.500.00(Rupees Five Hundred), in default whereof to undergo R.I. for a further period of 3 months.

(2.) The prosecution case arises out of Turekela Police Station FIR No.25 dtd. 13/9/1993 lodged by one Purushottam Mahapatra (PW1) stating therein that while he was coming to Badatukula to attend his duty on 13/9/1993 in the morning, on his way, he found some persons of village Badatukula carrying forest guard Debarchan Sabar(PW7) on a bullock cart with injuries on his waist, back, nose, mouth and blood was oozing out of the wound as well as there was swelling on his leg and one tooth in upper jaw was broken and on being asked, PW7 disclosed that he along with appellant No.1(A1) had been to duty on the previous day at about 10 A.M. in the morning, but when they were returning in the evening, A1 picked up quarrel with him and returned ahead of him alone, and A1 and his brother (A2) along with two others were waiting near the tank of their village Burlaguda and on seeing PW7 coming, they restrained, abused and assaulted him by means of cudgel and axe, as a result, while he was running away, fell down near the water channel and on regaining sense, he found some persons of Burlaguda and they shifted him to Badtukula village. After hearing this, PW1, Lalmohan Dharua(PW3) of village Badtukula and some others shifted PW7 to Thurekela and PW1 lodged this FIR.

(3.) On this FIR, the investigation commenced by PW8, OIC, Thurekela P.S., who after arresting and forwarded the appellants to the Court and on completion of investigation, a charge-sheet was submitted against the appellants for commission of offence U/Ss.341/333/294 with aid of Sec. 34 of IPC, which ultimately resulted in trial of the appellants for having charged for the aforesaid offences U/Ss.341/333/34 of IPC.