GOURANGA CHARAN BHOL Vs. STATE OF ORISSA

JUDGEMENT

(1.) LATE Uchhaba and Udayanath are brothers; Udayanath has two sons Nityananda (opp. party No. 1) and Gouranga (P.W. 1). Gouranga is the adopted son of Uchhaba. Pari Dei (P.W. 2) is the wife of Udayanath. Ichhamani (Opp. party No. 2), is the wife of Nityananda. Pitei (Opp. Party No. 3) is the mother of Ichhamani. Prosecution case is that on 11th of December, 1969 there was a quarrel between Nityananda and P.W. 2 over the removal of some bricks by Nityananda. In course of the quarrel Nityananda assaulted his mother P.W. 2. P.W. 1 told Udayanath, left had and the other on the head. P.W. 2 in his presence. Nityananda came out from his house with a bamboo lathi and dealt two blows on P.W. 1 one on his left hand and the other on the head. P.W. 1 fell down on the ground. P.W. 8 intervened. Then Peter caught hold of P.W. 2 while Ichhamani dealt a blow on P.W. 2 by means of a spade. After medical examination P.W. 1 lodged information at Jagatsingpur police Station on 12.12.1969 at about 11.30 a.m. The opposite parties denied their connection with the occurrence. Their defence is that P.W. 1 quarrelled with Udayanath and while he was rushing towards Udayanath to assault him P. W. l stumbled and fell down on stone rings and got himself injured. They pleaded ignorance of the injuries on P.W. 2.

(2.) THE learned Magistrate accepted the prosecution story and found Nityananda guilty under Sections 325 and 323 I.P.C. and sentenced him to undergo R.I. for one month and to pay a fine of Rs. 250/ - on each count; in default to undergo R.I. for further two months. The sentences were directed to run consecutively. Ichhamani was convicted under Sections 323 I.P.C. and Pitei under Section 341 IPC. Both of them being females were released after due admonition under Section 3 of the Probation of Offenders Act, 1958 (hereinafter to be referred to as the Act).

(3.) AS both the courts below have released Ichhamani and Pitei under Section 3 of the Act I do not propose to examine the correctness of that decision.