STATE OF ORISSA Vs. BACHAN CHHATAR AND ORS.

JUDGEMENT

(1.) BOTH the appeals arise out of the same judgment passed by the learned Assistant Sessions Judge, Bargarh. They were heard together and are disposed of by this judgment.

(2.) THE prosecution case is narrated in brief. P. W. 4 the victim of the assault and the informant and the Respondents in the Government Appeal, four of whom are the Appellants in the Criminal Appeal, are Harijans and belong to village Jampali within Bijepur Police Station of Sabalpur district. The occurrence took place on 24 -1 -1981 at about midday. P. W. 4 was returning home from the tank after taking his bath. Because he had some previous dispute with the Respondents he avoided the lane passing through the Harijan Para and went behind it. His sons -in -law (P. Ws. 3 and 8) who were also accompanying him, however, went through the lane. At that time the Respondents being armed with Tangias and lathis surrounded and attacked him. Respondent Gagan assaulted P. W. 4 on the head by means of a Tangia (M. O. I). Respondent Kirati dealt a blow by means of Barshi (M.O.II) on his right leg below the knee. Respondent Markanda thrust a lathi (M.O.V) on his chest several times. Respondent Biranchi assaulted him on the left arm and other parts of the body by a weapon resembling a lathi (M. O. III). Respondents Jibardhan and Bachan instigated the other Respondents to do away with his life. The assault was witnessed by P. Ws. 3, 6 and 8. As a result of the severe assault P. W. 4 received grievous bleeding injuries, as well as, fracture and was first treated at Bijepur Public Health Centre and was then moved to the V.S. S. Medical College Hospital, Burla where treatment was given to him till his recovery four months after. On the basis of the F. 1. R. (Ext. 2) given by P. W. 4 investigation was carried and after completion thereof charge -sheet was submitted against the Respondents for offences under Sections 307 and 326 read with Section 34 of the Indian Penal Code (1. P. Co ' for short).

(3.) THE learned Assistant Sessions Judge found that the prosecution evidence against Respondents Bachan and Jibardhan was so meagre that the charges could not be established against them. Therefore he acquitted them. With regard to the other Respondents he held that an offence under Section 324 read with Section 34, Indian Penal Code was proved against them. Therefore, he convicted them under the aforesaid Section and sentenced each of them to pay a fine of Rs. 3001 -, in default, to undergo simple imprisonment for three months. He directed payment of compensation of Rs. 300/ - to P. W. 4 out of the fine if realised. Consequently be acquitted them of the charge under Sections 307 and 326 read with Section 34, I.P C.