MURALI PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal at the instance of the five appellants namely, Murali Patra, Bhagia Patra, Gunjia @ Rama Patra, Bharat Patra and Ananta Patra is directed against the judgment dated 10.7.1987 passed by the learned Sessions Judge, Keonjhar convicting all the appellants under Section 148, IPC and sentencing them there under to undergo R.I. for one year and also convicting them under Section 323/149, IPC and sentencing them to undergo R.I. for one year and further convicting them under Section 324/149, IPC and sentencing them to R.I. for two years. All the appellants were further convicted under Section 325/149, IPC and sentenced to undergo R.I. for three years. The impugned judgment passed in Sessions Trial No. 10 of 1986.

(2.) MR . Kar, learned Addl. Standing Counsel has taken me through the evidence on record.

(3.) IN course of trial, in all, 14 P.Ws. were examined on behalf of the prosecution. None was examined on behalf of the appellants. The plea of the appellants in course of trial was that prior to the occurrence deceased Satyananda Patra committed theft of two fowls belonging to Pandab Patra being the father of appellants Murali Patra, Bhagia Patra and Gunjia Patra. In the following morning in front of their house Pandab Patra being the father of three appellants sought explanation from the deceased Satyananda and there was some altercation on that score and immediately after that deceased Satyananda alongwith his other brothers namely, P.W.3, Bipin Patra, P.W.4 Harihar Patra and P.W.2, Gachhita Patra came there and assaulted the informant party in front of their own house as a result P.W.1. Achutananda Patra inflicted injuries on appellant No. 1 Murali Patra with a spear and Satyananda shot an arrow on Murali Patra as a result of which appellant No. 1 Murali Patra fell down. Simultaneously P.W.2, Gachhita Patra inflicted an injury on appellant No. 3, Ananta Patra with a sharp cutting weapon and they were all injured. This case which now I am presently dealing with was stated to be foisted against the appellants. Appellant No. 3 Ananta Patra and appellant No. 2 Bharat Patra also took identical plea of defence stating that when they intervened in the matter they were assaulted by the prosecution party. It is stated that P.W.2 Gachhita Patra dealt with a blow on the appellant No. 5, Gunjia Patra with an axe and P.W.3 Bipin Patra dealt with a blow to appellant Ananta Patra and they were all injured in the incident.