GANGADHAR BEHIDAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner and two of his associates were tried on Charges under Ss. 149/307, 149/323 and 380/34 of Indian Penal Code (for short, 'IPC'), in Court of the Assistant Sessions Judge, Sambalpur. The learned Trial Judge acquit ted petitioner's associates under S. 232, Cr. P.C. He did not find the petitioner guilty of the offences under Ss. 149/323 and 380/34 of IPC. The petitioner was, however, found guilty under S. 307 of IPC and convicted thereunder. He was sentenced to undergo rigorous imprisonment for three years. Against the said conviction and sentence, the petitioner pre ferred appeal before the learned Sessions Judge, Sambalpur which ended in dismissal. Hence this revision.

(2.) While admitting, this revision, this Court by order dated 20-7-1987 issued notice to the petitioner calling upon him to show cause as to why the sentence shall not be enhanced.

(3.) Briefly stated, the prosecution case is that on 4-12-1982 at about 5 p.m. a Matador F.C. vehicle came from Sambalpur side and stopped on the main road of village Thalkuli. About 20 to 25 persons between the age group of 20 to 30 years including the petitioner got down from the vehicle. They were armed with deadly weapons like knives, iron rods and thengas. They first surrounded Bhagirathi (P.W.1), Arjun (P.W. 3), Sudhansu (P.W.4), Bharat (P.W. 5), Nirakar (P.W. 10) and some others who were standing near a hotel and started assaulting them. Out of fear of life, the victims ran helter skelter. In that process P.Ws. 1 and 4 entered inside a nearby grocery shop. Some of the culprits forcibly entered inside the shop and pulled out P.Ws. 1 and 4. It is the allegation of the prosecution that the petitioner by means of a knife held by him dealt a blow on the left side chest of P.W. 1. Another culprit assaulted P.W. 4 by means of iron rod. As a result of such assault, both P.Ws.1 and 4 fell down. The culprits thereafter left the place of occurrence. P.W. 4 lodged FIR at Jharsuguda police station at about 5 -45 p.m. on the same day.