LAWS(ORI)-1993-3-2

KARLA ROHIDAS Vs. STATE OF ORISSA

Decided On March 10, 1993
KARLA ROHIDAS Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) This revision is directed against the appellate decision of the Sessions Judge, Sundergarh confirming the judgment passed by Assistant Sessions Judge, Sundergarh in Sessions Trial No. 14/4 of 1988 convicting the two petitioners under section 307/34 I.P.C. and sentencing each of them to undergo rigorous imprisonment for four years and to pay fine of Rs. 1,000/- in default to undergo rigorous imprisonment for six months more.

(2.) The two petitioners and the injured P.W. 2 are brothers being the sons of one Rampal. Prosecution alleged that on 17.1.1987 at about 2.30 P.M. when P.W. 2 Mageswar was returning after attending a feast on the bank of river thumb, both the petitioners appeared before him and out of them petitioner Karla by means of falsia aimed a blow at the neck of Mageswar and when latter tried to ward off the blow, it hit his right thumb and chopped it off. Soon thereafter petitioner Asadhu gave an axe blow on his buttock. Mageswar sustained profuse bleeding injuries and ran to village Mlilidhi, where he was nursed. From there, he was removed to Subdega Public Health Centre where he was hospitalised for three months. As a result of the incident Mageswar lost his right thumb permanently.

(3.) The petitioners took the plea of denial and contended that they have been falsely implicated in the case.