SUDARSAN MAHALA Vs. STATE OF ORISSA

JUDGEMENT

(1.) JUDGMENT of learned Additional Sessions Judge, Baripada in Criminal Appeal No. 116/146 of 1999/1992 upholding conviction under Section 307/34 I.P.C. and sentence of R.I. for four years thereunder and to pay a fine of Rs. 500/ - in default S.I. for 3 months recorded by learned Asst. Sessions Judge, Udala against each of the petitioners in S.T. No. 13/154 of 1992 is under challenge in this revision.

(2.) OUT of trivial family quarrel between members of one and the same family the alleged occurrence took place. At the material time a quarrel between two brothers namely, Shyama and Bhima arising out of repair of their thatched house in which they were residing jointly, ensued. During the said quarrel Shyama assaulted his elder brother, Bhima as a result of which the latter fell down on the ground. In that juncture Bhimas sons who are the petitioners herein came to his rescue. It is alleged that by means of crow bar, lathi and gupti they assaulted their uncle Shyama who sustained injuries on different parts of his body. On the information lodged by Shyamas daughter (P.W.2) Khunta P.S. Case No. 34/92 was registered and investigated into. Ultimately they were charge sheeted under Sections 307, 326, 325 and 341/34 I.P.C. by the police on completion of investigation.

(3.) APPEARING for the petitioners, their counsel Shri R.N. Bhuyan urged that finings of learned Courts below that petitioners had intention to kill the victim has not been supported by legal evidence. On this ground alone, learned counsel for the petitioners persuaded this Court to allow the revision.