DIJA PATRA AND 12 ORS. Vs. BIMBADHAR MALLIK

JUDGEMENT

(1.) THE thirteen Petitioners, all residents of village Mirjapur under Patkura P.S. In the district of Cuttack, were put on trial and all convicted under Section 147, Indian Penal Code for having formed themselves into on unlawful assembly with the common object of committing assault on p.w. 1 Bimbadhar Mallik and p.w. 2 Bira Mallik are sentenced to pay a fine of Rs. 100/ - each with a default sentence of R.I. for two months each. Petitioners 1 and 4 to 10 were further convicted under Section 323, Indian Penal Code for having caused hurts to p.ws. 1 and 2 and sentenced to pay a fine of Rs. 51/ - each with a default sentence of R.I. for one month each.

(2.) THE case for the complainant -opp. party was that there was ill -feeling between the Harijans and caste Hindus of village Mirjapur over the purchase of lands for the village deity and the latter bore a grudge against the former, particularly against p.ws. 1 and 2 and one Uda Mallik as they protested to the above purchase being made in the names of the caste Hindus only. With this background it was alleged that on 28 -2 -1971 morning while p.w. 2 Bira. Mallik was proceeding to his field with plough, Petitioner No. 1 Balaram Jena hurled abuses at him and shouted that he should be beaten. Thereupon the other Petitioners rushed there in a riotous mood being armed with lathis and shouting to commit assault. Petitioners 4 to 8 assaulted p.w. 1 with lathis on different parts of his body as a result of which he sustained injuries. Petitioners 1, 9 and 10 assaulted p.w. 2 with lath is and he also sustained injuries on his back and neck. p.w. 3 Jema Dei and p.w. 4 Sasa Dei, the wives of p.ws. 1 and 2 respectively came to the spot to intervene and they were assaulted by Petitioners 2, 3 and 13. p.w. 7 Para Dei was assaulted by Petitioners Nos. 11 and 12. The doctor (p.w. 10) examined p.ws. 1, 2 and 3 on 1 -3 -1971 and found injuries on their persons p.ws. 4 and 7 were examined by the doctor (p. w. 12) on 28 -2 -1972: On 4 -3 -1971 p.w. 1 filed a complaint petition upon which the accused persons were summoned to stand their trial.

(3.) PROSECUTION examined 12 witnesses and Petitioners two. The learned Magistrate on a consideration of the evidence adduced on either side held the Petitioners guilty and inflicted the sentences as indicated above. On appeal, the learned Additional Sessions Judge affirmed the convictions and sentences. It is urged in this criminal revision that the entire trial was vitiated due to defective charge and the findings of the Courts below are against the weight of evidence on record.