AKHI ALIAS AKHIL BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner No. 1 challenges the order of conviction under S. 341, Indian Penal Code, and sentence of one month's simple Imprisonment, whereas petitioner No. 2 challenges the order of conviction under S. 326, IPC, and sentence of Rigorous Imprisonment for two years and fine of Rs. 50/-, in default, to undergo Rigorous Imprisonment for five days, passed by the Assistant Sessions Judge-cum-C.J.M. Balasora, in S.T. Case No. 5/22 of 1989 which has been confirmed by the Additional Sessions Judge, Balasore, in Criminal Appeal No. 15/119 of 1993/89.

(2.) The petitioners faced trial in the Court of the Assistant Sessions Judge-cum-C.J.M., Balasora, under Ss. 341/294/307/34, IPC, on the allegation that they had wrongfully restrained Kartik Behera (P.W. 2), hurled abusive words against him in a public place and attempted to commit murder. The prosecution case, in short, is that on 6-11-1988 in the morning, informant (P.W. 1), victim (P.W. 2) and six to seven other persons including some witnesses were cleaning their tent near a tank locally known as 'Dandagadia". At that time accused Raghu alias Raghunath Behara (petitioner No. 2) was preparing a tooth-stick near the place of occurrence with a knife and his father (petitioner No. 1) was standing nearby. Kartik Behera asked the accused persons to clear the outstanding amount due from them. The accused persons got annoyed and used abusive words against Kartik Behera. Accused Akhil Behera (petitioner No. 1) ran towards kartik Behera and caught hold of his hand and accused Raghu (petitioner No. 2) followed his father and stabbed P.W. 2 on the abdomen with the knife. The victim fell down while the accused persons fled away. The victim was removed to the hospital for treatment with the help of the informant and other villagers and thereafter F.I.R. was lodged by P.W. 1 and a case was registered under S. 307/34, IPC. After completion of investigation, charge-sheet was submitted and the accused persons after being committed faced their trial.

(3.) The plea of the accused persons was one of denial.