MANGULU KANHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is against the order of conviction of the petitioners under S. 307/34, IPC and sentence of R.I. for 3 years and 2 years respectively.

(2.) Prosecution case is, on 22-6-1990 around 7 a.m. P.W. l was carrying on some cultivating operation in his land with the help of labourers (P.Ws. 3 and 4). At that time petitioner No. 1 being armed with a bamboo lathi (Thenga) and petitioner No. 2 armed with a tangia came over there and challenged the P.Ws. P.W. 1 objected to this, whereafter petitioner No. 1 assaulted P.W. 1 with lathi blows on his right and left legs and after the injured fell down, petitioner No. 2 inflicted tangia blows on the right knee and head of P.W. 1, causing incised injuries endangering life. Petitioners in their defence took the plea that it was P.W. 1 and his men being armed with sharp cutting weapons came aver to their land and damaged the paddy plants with a Muhi and when so objected by the petitioners, they assaulted with sharp cutting weapons causing out injuries on their person.

(3.) Both the courts below believed the evidence of P.Ws. and accepted the prosecution case as true. They did not accept the alternate plea of the defence that the petitioners had a right of private defence against both person and property.