JAGAN SAHA Vs. STATE

JUDGEMENT

(1.) THE two petitioners and one Sadhu Saha faced trial on the accusation of having committed an offence punishable under Section 429 of the Indian Penal Code, 1860 (in short, 'IPC') read with Section 34, thereof the learned SDJM, Titilagarh found all the three accused persons guilty of such offence and convicted and sentenced each one of them to pay a fine of Rs. 500/ -, In default of payment of fine, rigorous imprisonment for one month was imposed. In appeal, the learned Addl. Sessions Judge. Titilagarh set aside conviction and sentence of Sadhu Saha, but maintained them so far, as the petitioners are concerned.

(2.) PROSECUTION case, in short, is as follows: While Madhaba Saha (PW 1) was searching his missing goat, he was intimated by Kirati Saha (PW 2) at about 5 p. m. on 1 -5 -1991 that the said goat had entered into the backyard of the petitioners; they had killed it by lathi and threw the body to the backyard of. one Linga Saha (DW 1). Kirati informed Madhaba that Raja Bisi (PW 3) and Padu Jhankar (PW 4) had also witnessed the occurrence. Report was lodged at Police Station by PW 1, before which attempt was made by the villagers to settle the dispute amicably. Since there was no positive: response by the accused -petitioners, PW 1 reported the matter at Titilagarh Police Station. Investigation was undertaken and on completion thereof, charge -sheet was submitted.

(3.) THE learned SDJM believed the evidence of PWs 2, 3 and 4, and convicted the petitioners as aforesaid. In appeal, the learned appellate Judge discarded the evidence of PWs 3 and 4 but relied on the evidence of PW 2 and fastened culpability on the accused -petitioners.