PADAN MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Four petitioners faced trial for alleged commission of offences punishable Under Section 341/323 read with Section 34 of the Indian Penal Code, 1860, (in short, 'IPC'). They were found guilty for the offence punishable Under Section 323 read with Section 34,IPC, convicted thereunder and sentenced to rigorous imprisonment for four months each and fine of Rs. 200/ - each with a default sentence of one month's simple imprisonment. Out of the fine amount if realised Rs. 300/ - was to be paid: to the three injured persons examined as PWs 1,2 and 3.

(2.) THE prosecution version as unfolded during trial is that one Jayaram Kumbhar (PW 1) and accused Lalu Majhi entered into a contract pursuant to which the latter was to sell some lands for Rs. 5000/ - to the former. Accordingly, a sum of Rs. 5000/ - was paid. Subsequently, accused Lalu returned Rs. 3,750/ - and promised to pay the balance and to that effect executed a hand -note. The amount was to be paid back on 4 -6 -1988. Accordingly Jayaram and his two nephews namely, Abhiram Kumbhar and Jogeswar Kumbhar, PWs 2 and 3 respectively, went to the house of Lalu to receive the balance amount. The accused persons assaulted Jayaram and his nephews. Several persons witnessed the occurrence. Jayaram received bleeding injuries on his forehead, hands and legs. Abhiram sustained injuries on both sides of his head and leg. Jogeswar sustained injuries on his head and hand. Jayaram first went to Tikrapara Out Post, but since he found nobody there, went to. Saintala Police Station in a jeep of one Nathia Patra and lodged a written report there. The report was treated as First - information -report on the basis of which investigation was undertaken and the injured persons were sent for medical examination and after completion of investigation charge -sheet was submitted.

(3.) SIX witnesses were examined to further the prosecution case, out of whom PWs 1, 2 and 3 were stated to be eye witnesses, who had sustained injuries. The learned Judicial Magistrate, first class, Titilagarh, held the evidence to be credible and found the accused persons guilty as aforesaid. In appeal the learned Additional Sessions Judge, Titilagarh maintained the conviction and the sentence.