MEGHANATH Vs. STATE

JUDGEMENT

(1.) The accused persons, appel lants herein, faced trial under Sections 307/34, Indian Penal Code in the Court of Assistant Sessions Judge, Kalahandi, Bhawanipatna and were found guilty and convicted thereunder and sentenced to undergo rigorous im prisonment for five years and to pay a fine of Rs. 1,000.00, in default, to undergo rigorous impri sonment for a further period of six months. They challenged their conviction and sentence before the Sessions Judge by filing appeal which upon hearing was ultimately dismissed and it is against that order of dismissal the present revision is filed.

(2.) The pith and substance of the prosecution case may be stated thus : On 5-1-1993 at about 7.30 a. m. informant Muralidhar Rana (PW 3) along with his son Nityanand Rana (PW 7) left for Bhawanipatna in a. cycle. No sooner they reached near a water channel situated in between Tentulipada and Turpi, all these accused persons who were lying in wait suddenly emerged being armed with lathis and axe, abused P.W. 1 in filthy language, assaulted him causing severe injuries as a result he dropped down senseless. It is specifically alleged that accused Meghanad inflicted axe blow and the remaining two assaulted him with lathis. The incident was then reported to the police whereupon a case was registered and investiga tion was taken up in course of which PW 1 was sent for medical examination and in close of investigation charge-sheet was laid against all the accused persons to face trial under S. 307/34, Indian Penal Code. The motive for the crime, it is alleged, was due to land dispute for which a case is subjudice between the parties.

(3.) The defence plea was one of denial and false implication due to enmity.