SOUNDARJYA BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present criminal appeal filed by the appellants under Sec. 374 (2) of Cr.P.C. is directed against the judgment of conviction and order of sentence dtd. 23/8/1997 passed by the learned Additional Sessions Judge, Titilagarh in Sessions Case No. 48/11 of 1997, whereby the learned trial Court has convicted the accused- appellants for the offences punishable under Ss. 148/149/307 of the I.P.C. and, accordingly, sentenced them to undergo R.I. for one year each for the offence under Sec. 148 I.P.C. and further sentenced to undergo R.I. for two years and to pay a fine of Rs.500.00 each, in default to undergo R.I. for one month each for the offence under Ss. 149/307 IPC.

(2.) Heard Mr. D.P. Dhal, learned Senior Counsel for the appellants and Mr. S. Panigrahi, learned Addl. Standing Counsel for the State.

(3.) The prosecution story as per the FIR is that on 15/7/1996 at about 7.00 A.M. at village Sandhisar the accused persons, namely, Soundarjya and Lalu scolded and threatened Hazari Hans. The brother of the informant protested to their easing in his land called "Satlengi". Thereafter, all the accused persons arrived on the thrashing floor of the informant situated over that "Satlengi" land being armed with Thengas, Lathi and Axe. The accused Lalu scolded in filthy language and assaulted the father of the informant by a rod, accused Soundarjya assaulted Hazari with an axe on his head and leaving Hazari taking him to be dead accused persons chased the informant, his father and his brothers. On the basis of the written report of the informant, Bangamuda P.S. Case No.23 dtd. 15/7/1996 was registered and investigation was conducted and charge sheet was filed. Hence, against all the eleven accused persons the learned trial court framed the charges under Ss. 307/149/148 IPC and on their stance of complete denial and claim for trial, they were put to trial to face the charges, as mentioned above.