ARJUN THAKUR ALIAS SINGH AND ANR. Vs. STATE

JUDGEMENT

(1.) THE appellants along with two others namely Ramesh Singh and Sukadev Singh alias Sukha allegedly committed acts attracting culpability for punishment Under Section 307 and 506 read with Section 34 of the Indian Penal Code, 1860 (in short, 'IPC'). The appellants (hereinafter referred to as the 'accused') faced trial before the learned Additional Chief Judicial Magistrate -cum -Assistant Sessions Judge, Rourkela, who found them guilty for offences punishable Under Section 307/506 read with Section 34, IPC and convicted them. Each of them was sentenced to rigorous imprisonment for ten years for the offence Under Section 307, IPC and two years for the offence Under Section 506, IPC. The sentences were directed to run concurrently. The trial was taken up in respect of the present appellants as the other two were considered to be absconders.

(2.) THE factual matrix of prosecution version runs as follows ;

(3.) TO further prosecution case 10 witnesses were examined. Dipu alias Devendra, the injured was examined as PW 8, Kailash Upadhyaya and Mathews Phillips were examined as PWs 2 and 3 respectively. They are stated to be eye -witnesses to the occurrence. PW4 is also stated to have witnessed the occurrence. PW9 is the doctor who examined the injured. On evaluation of evidence on record, learned trial Judge found the accused persons guilty and convicted and sentenced them as aforesaid.