BUDURA DIGAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants, who have been convicted under Section 307 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 100/-, are before this Court and assail the order of conviction passed by the learned Sessions Judge, Phulbani.

(2.) The prosecution case, in brief, is that on 5-6-85 at 7.00 A.m., when Latki Mallik was proceeding towards termeric field for plantation, along with Chana Digal P. W. 1, Bama Digal P.W. 5 and two others namely Sanisi and Nisa, who have not been examined, near 'Damajodi Nala', all the four accused persons armed with Logedi lathi suddenly came near Latki Mallik and assaulted with the said lathis on different parts of the body of Latki, as a result of which, he (P.W. 3) sustained bleeding injuries and fell down on the ground. The accused persons, while returning back after assault, set fire to the dry leaves in the termeric field of the injured P. W. 3. First Information Report was lodged by the elder brother of the injured on the same day at Baliguda Police Station at 4.00 P.M. and Police after completion of investigation, filed charge sheet against the accused appellants under Section 307/34 read with Section 435, IPC.

(3.) The prosecution has examined nine witnesses including the official witnesses like the Investigating Officer, the Officer-in-Charge of the Police Station and the Doctor, who examinedthe injured. P.W. 3 is the injured, P.Ws. 1 and 5 are the eye-witnesses. P.W. 2 is a post-occurrence witness, P.W. 4 is the informant and elder brother of the injured. P.W. 6 is the doctor, who examined the injured. P.W. 7 is a witness to seizure, P.W. 8 is the A.S.I. and P.W. 9 is the Investigating Officer.