CHANDRAKANTA SAHU Vs. MATHURI SAHU

JUDGEMENT

(1.) This revision is against the order passed by the learned Additional Sessions Judge, Cutttack, upholding the order of conviction of the petitioners under Section 323 of the Indian Penal Code (I. P. C for short ) and the sentence of rigorous imprisonment of one month imposed on each of them by the learned Subdivisional Judicial Magistrate, Jaipur.

(2.) THE prosecution case in brief is that on 23 -8 -1980 at midday the petitioners assaulted P. W. 4 by means of Bahungis, as a result of which, the latter sustained injuries, F. I. R. was lodged at the police station, but as no action was taken, a petition of complaint was filed by P. W. 1 on 27 -8 -1980. The plea of the petitioners was denial of the occurrence. The trial Court convicted and sentenced the petitioners, although, he ocquitted two other persons accused before him on the ground that the charges framed against them were not proved. On appeal, the learned Additional Sessions Judge recorded concurrent findings of facts with regard to the assault and affirmed the order of conviction and sentence. - -

(3.) MR . S. K. Mund next contended that the learned Courts below should have applied the provisions of Section 360 of the Code. In support of his view, he relied upon a decision of this Court reported in 60 (1985) C. L T. 375 (Bipin Bihari Sahu v. The State of Orissa ). But the facts of the reported decision were quite different. In that case the accused was below 21 years of age. But in this case, petitioner Chandrakant was aged 28 years and petitioner Chakradhar was aged 38 years on 19 -3 -1982 when their statements under Section 313 of the Code were recorded. They were quite matured persons and had committed the offences intentionally. To a case of this nature, the provision of Section 360 cannot be extended. Therefore, the contention is not tenable.