(1.) The present Criminal Revision filed under Ss. 401 and 397 of Cr.P.C. is directed against the judgment and order dtd. 13/12/2010 passed by the learned Sessions Judge, Dhenkanal in Criminal Appeal No.62 of 2006, whereby the conviction recorded by the learned Assistant Sessions Judge, Dhenkanal in C.T. (Sessions) Case No.45 of 2004 has been confirmed and the order of sentence has been modified.
(2.) The petitioners were subjected to prosecution in Dhenkanal Sadar P.S. Case No.117 of 2000 registered under Ss. 307/34 of the IPC.
(3.) The prosecution case in brief is that on 23/5/2000 at about 2.00 P.M., one Dinabandhu Sahu came to the house of the informant (P.W.2) and informed him that while his younger brother Lambodhar Dhal was returning from the Dhenkanal Block Office by his scooter, on the way near Manipur, on the public road of Harijan Sahi, the accused persons, namely, Benudhar Naik (petitioner no.1), one Bidu Naik and Gouranga Naik (petitioner no.2) restrained his younger brother on the way and assaulted him by deadly weapons for which he was lying on the road with bleeding injuries. On receipt of such information, the informant and others reached at the spot and found the injured lying on the road with bleeding injuries on his head and leg. Immediately, the injured was shifted to the hospital for treatment. Thereafter, they reported the matter to the Outpost over telephone. On the basis of such allegation, F.I.R. was lodged at Dhenkanal Sadar Police Station on 23/5/2000, which was registered as Dhenkanal Sadar P.S. Case No.117 of 2000 under Ss. 307/34 of IPC. After completion of investigation, charge- sheet was submitted against the accused persons under Ss. 307/34 of IPC and charges were framed against them under those Ss. . The petitioners were put to trial.