NARASINGHA MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Revision filed under Ss. 401 of Cr.P.C. is directed against the judgment and order dtd. 10/11/2014 passed by the learned Additional Sessions Judge, Keonjhar in Criminal Appeal No.17/18 of 2013-10, whereby the order of conviction and sentence passed by the learned Assistant Sessions Judge, Keonjhar in S.T. Case No.43/136 of 2009 was modified and sentenced the petitioners to undergo R.I for one year for the offence U/s 379 IPC and one month for the offence under Sec. 447 of the IPC, the sentences to run concurrently.

(2.) The petitioners were subjected to prosecution in Turumunga P.S Case No.86 dtd. 23/11/2006 registered under Ss. 447/379/506/307/34 of IPC.

(3.) The case of the prosecution is that on 22/11/2006 at about 10 A.M. Krushna Mahanta (informant) found the petitioners cutting away paddy from his land which stands recorded in his name. On protest by Krushna Mahanta, the petitioners abused him in obscene language and chased him holding a sickle. After seeing them, out of fear, the informant went running towards his village. On the way, he saw an arrow passed by the side of his ear and fell at a distance of about 16 cubits of him. When he looked back, he saw accused Narasingha preparing to shot another arrow aiming towards him. The informant raised hullah saying 'RAKHYA KARA RAKHYA KARA' and went towards his village. At that time witness Jagannath (P.W.2) came to the spot and the petitioners left the spot. The entire paddy of the informant was stolen away by the accused persons/petitioners.