BENUDHAR JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Revision has been preferred challenging inter alia the order dated 17.6.1996 passed by Additional Sessions Judge, Puri in Criminal Appeal No. 77/33 of 1992/1990 confirming an order dated 7.4.1990 passed by the J.M.F.C., Puri in G.R. Case No. 972/ 1987 (Tr. No. 426/1988) convicting the petitioners under Sections 342 and 323, IPC and sentencing them thereunder to pay a fine of Rs. 100.00 each on each count, in default to undergo rigorous imprisonment for one month,

(2.) PROSECUTION case is that on 5.8.1987 at about 7.30 a.m. the informant had gone to the house of Benudhar Jena, accused -petitioner No. 1, for collection of money towards the sale proceeds of rice given to him on credit when the younger brother of Benudhar gave the informant a push. The informant then went away to his house and again went to the house of Benudhar being armed with a 'Kuradhi' and challenged if anybody had the courage to come and assault him. At this, the accused persons came in a body, lifted him to a Thakurghar and putting him inside a room locked the room from outside. After some time the accused persons brought him outside when accused Bidyadhar Pradhan dealt a Farsa blow on his left hand and others assaulted on his right hand, as a result of which his both hands were fractured and he also sustained injuries on other parts of his body. When his mother came to his rescue, the accused persons also took her and locked her in a room. The informant lodged an oral report at the Pipili P.S. about the occurrence which was reduced to writing and the criminal action was set in motion. After investigation chargesheet was submitted against the accused persons for alleged commission of the offences under Sections 341/324/325/34, IPC.

(3.) TO substantiate its case, the prosecution examined five witnesses whereas the defence did not examine any witness. After discussing the entire evidence, the trial Court acquitted the accused -petitioners of the charge under Section 325, IPC, but convicted them of the charges under Sections 342/323, IPC. Taking into consideration the age of the accused -petitioners and other circumstances, the learned J.M.F.C. took a liberal view so far as sentence was concerned and sentenced them to pay a fine of Rs. 100.00 only each on each count. The appellate Court has confirmed the conviction of the accused -petitioners by the trial Court and the sentence passed thereunder.