DADHI MOHAPATRA AND OTHERS Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 07.07.1990 passed by learned Additional Sessions Judge, Jajpur in S.T. No.53/10 of 1989 convicting the appellants under Sections 326/34, I.P.C. and sentencing each of them to undergo R.I. for five years and to pay a fine of Rs.5,000/- (rupees five thousand) each in default to undergo R.I. for further eight months. It was also directed that on realization of the fine amount, the same would be paid to the injured as compensation. For the limited purpose of disposing of this appeal, the prosecution case in brief was that on 22.12.1986 at about 8.00 A.M., the informant one Gobardhan Kavi was going on a Cycle with the injured Dasarathi Swain as a Pillion rider. On the way, the three appellants came on a Motorcycle, obstructed them and assaulted Dasarathi. It was alleged that the appellant Dadhi Mohapatra assaulted by means of a "Katari" , appellant Chaturbhuja Mohapatra assaulted by means of a "Knife" and the appellant Manu @ Manoranjan Mohapatra threw some acid on the face of the victim Dasarathi. The informant shouted for help and when the nearby villagers came, the accused appellants fled away from the spot. The informant carried the injured to nearby Health Centre and thereafter submitted a written report at Dharmasala Police Station, pursuant to which the concerned P.S. Case No.293 of 1986 was registered under Sections 326/324/294/307/34, I.P.C. and the investigation was taken up.

(2.) After completion of investigation, charge-sheet was submitted and on commitment to the court of Sessions, all the accused persons were charged for offence punishable under Sections 307/34, I.P.C. and in addition, the accused Manu @ Manoranjan Mohapatra alone stood charged under Section 326, I.P.C.

(3.) In the appeal, all the findings and observations of the learned trial court were challenged in the memorandum of appeal. But, at the time of hearing, the learned senior counsel appearing for the appellants submitted that so far as appellant no.2 Manu @ Manoranjan Mohapatra is concerned, the appeal was not pressed since he has died in the meantime. So far as other two appellants are concerned, the finding of guilt was not challenged but the quantum of sentence was only submitted to be considered.