DHARANIDHAR RANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this revision, the petitioners assail their conviction and sentence of four years RI. and a fine of Rs. 500/- each for the offence punishable under section 394/34,I.P.C.

(2.) The prosecution case is at the relevant time the prosecution party and the petitioners party had factional rivalry in the village. There were also certain allegations against P. W. 4 as the President of the Village Sangha for misappropriating the welfare fund. On 12.5.1964 at 11.30 A.M. P.W.4 had been to the village tank for bathing. While he was on the ridge, the three petitioners assaulted him. Petitioner Angira caught hold of his neck with a napkin and assaulted him by a cycle chain while the other two petitioners Dharani and Khetra caused injuries by inflicting knife blows. It was however alleged that Khetra and Dharani snatched away the gold chain and gold ring from him. The petitioners denied the prosecution case. They pleaded that on account of enmity they were falsely implicated in the case.

(3.) Mr. H.S., Mishra, learned counsel for the petitioners, submitted about the inconsistencies in the medical evidence and the evidence of P.Ws. with regard to the nature of the injuries and thus submitted that the whole case of the prosecution should have been discarded by the learned trial Court. Mr. D.K. Mishra, on the other hand, supported the judgments of the Courts below.