NARAYAN BADI Vs. STATE

JUDGEMENT

(1.) Petitioners (hereinafter referred to as 'the accused persons') faced trial in G. R. Case No. 705 of 1992, in the Court of the Judicial Magistrate First Class, Sambalpur. Upon trial they being found guilty were convicted under Section 323, I.P.C. and sentenced to undergo simple imprisonment for thirty days. Feeling aggrieved, they preferred appeal and the learned Additional Sessions Judge upon hearing, continued trial Court's judgement and dismissed the appeal. Hence this revision.

(2.) The prosecution allegation as borne out from the record is that on 16-7-1992, at about 7.00 a.m. the injured Anantaram Suna (P.W. 3) while returning from the river after taking bath found the accused persons putting fence encroaching upon the public road. When he asked as to why they were doing so, they being infuriated assaulted him with an axe and stones causing injuries. He was removed to Buria Hospital where he underwent treatment. A report of the incident was lodged in the Buria Police Station by Santha Charan Suna, (P.W. 2) whereupon a case was registered and investigated into by P.W. 7 and on completion of investigation charge-sheet was laid against the accused persons to stand their trial.

(3.) When examined under Section 313 Cr. P.C. the accused persons denied the prosecution allegations and pleaded innocence.