NATABARA MALLIK Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 29.5.1987 passed by the learned Addl.Sessions Judge, Bhadrak in S.T. No. 79/4 of 1986 convicting the appellant Nos. 1 to 5 namely, Natabar Mallik, Bata Krishna Mallik, Raghunath Baral, Kuturi @ Mayadhar Rout and Bula @ Bidyadhar Mallik under Sections 148 and 325 read with 34 I.P.C. and sentencing each of them to suffer R.I. for one month in respect of their conviction under Section 325/34 I.P.C. though no separate sentence was passed in respect of their conviction under Section 148 I.P.C. Appellant No. 5 namely, Bidyadhar Mallik was also convicted under Section 324 I.P.C. and sentenced accordingly thereunder to pay a fine of Rs. 500/ - in default to undergo S.I. for fifteen days. On the other hand, appellant No. 6 Narayan Rout was convicted under Sections 148/324 I.P.C. and was sentenced to pay fine of Rs. 500/ - in default to undergo S.I. for fifteen days in respect of the conviction under Section 324 I.P.C. though no separate sentence was passed in respect of his conviction under Section 148 I.P.C. Appellant No. 7 Parsuram @ Panchhu Baral was also convicted under Sections 148/323 I.P.C. and accordingly was sentenced to pay fine of Rs. 500/ -in default to undergo S.I. for fifteen days in respect of his conviction under Section 323 I.P.C. though no separate sentence was passed in respect of his conviction under Section 148 I.P.C.

(2.) LEARNED counsel for the appellant as well as learned Government Advocate have both taken me through the evidence on record. After considering the evidence on record, I do not find any reason to interfere with the finding of conviction and accordingly, I maintain their conviction for the respective appellants.