LAXMAN NARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this Criminal Appeal the appellant calls in question the order of conviction and sentence dated 18.1.1989 passed in S. T. Case No. 8/19 of 1988 by the learned 1st Additional Sessions Judge, Puri convicting him under Section 323 of the Indian Penal Code and sentencing him S.I. for six months.

(2.) The prosecution case is that on 10.3.1987 at 1.10 p.m. this appellant and deceased Ekadasi Nari assaulted the informant and others and this appellant gave a knife blow on the left arm of the informant as a result of which he sustained bleeding injuries and deceased Ekadasi assaulted the informant on his knee by means of a lathi. During this occurrence Jatadhari Nari and Babaji Nari, who are brothers of the appellant and the deceased as well as of the informant came near the spot and they were also assaulted by the deceased Ekadasi by means of a lathi. As a result of such assault by this appellant and his deceased brother, Jatadhari Nari sustained swelling injuries on his shoulder and lips and Babaji Nari also sustained injuries on his person. One Bali Majhi in order to pacify the matter snatched away the lathis and knife from the appellant and his deceased brother. This incident occurred out of a trifling dispute over digging of earth and tying of cattle at a particular spot. Report was lodged by informant Prafulla on the very same day at 1.10 p.m. and the police registered the case and took up investigation and submitted chargesheet against this appellant under Sections 341 and 323 I.P.C.

(3.) Regarding the same occurrence this appellant also reported at the Gop Police Station on which police registered a case and took up investigation and during the investigation of the case since Ekadasi Nari, the brother of the appellant died at S.C.B. Medical College and Hospital, Cuttack, the police ultimately submitted charge-sheet against Prafulla Nari, Babaji Nari and Jatadhari Nari under Sections 302, 325/34 I.P.C.