BANDBU SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the order passed by the learned Sessions Judge, Balasore affirming the conviction of the petitioner under section 324 of the Indian Penal Code (TI.P.C for short).

(2.) The prosecution case was that the petitioner and six others (acquired by the trial court) entered inside the Ban of P.W. 3, Dinabandhu on 1-4-1973 at 10 a m. in a body, cut and removed a portion of the fence which separated the Ban from a Gram Panchayat fishery tank and damaged vegetable plants and unripe mangoes causing substantial loss to him. When P. W. 3 protested against the highhanded action, he was surrounded and assaulted by the petitioner and 01 hers. P.W.2, Haramani, his wife arrived there to protest. The petitioner assaulted her on the head by means of a Kata resulting in a bleeding injury. The petitioner and the other accused persons also assaulted their son (P.W. 4), Narahari who arrived at the scene of occurrence. F.I.R. (Ext. 1) was lodged at the police station and after investigation, charge sheet was submitted against the petitioner and six others under sections 147, 323 and 426 I.P.C. The defence plea was that there was party faction in the village. The prosecution witnesses belonged to one party and the petitioner and others belonged to the rival party. Therefore, due to previous enmity, a false case was brought against the petitioner and others.

(3.) The trial court did not believe the assault on P.Ws. 3 and 4 and so acquitted six accused persons of all charges. He believed the prosecution case with regard to the assault on P.W.2, Haramani by the petitioner and convicted the latter under section 324 I.P.C. He sentenced him to undergo rigorous imprisonment for six months. The learned Sessions Judge, on appeal, while maintaining the conviction, reduced the sentence to a period of two months.