SHYAMA PRADHAN ALIAS SHYAM SUNDAR PRADHAN Vs. STATE

JUDGEMENT

(1.) The petitioners challenge the order of conviction and sentence of one year's R. I. each under Section 324, Indian Penal Code, imposed by the Second Additional Sessions Judge, Cuttack, in Criminal Appeal No. 148 of 1992.

(2.) The three petitioners who are brothers faced trial for commission of offences under Sections 341, 307 and 326/34, Indian Penal Code, on the allegation that they had wrongfully restrained and severely assaulted and tried to commit murder of Basant Pradhan (P.W. 2), their own brother, in furtherance of their common intention, in the Midnight of 9/10-2-1991. The prosecution case is that in the night of 9/10-2-1991, P.W. 2, the injured and his daughter (P.W. 3) were returning from the rice huller and P.W. 1 was following them. All of a sudden, the three accused-petitioners appeared being armed with various weapons. such as Katis and iron rod and detained P.W. 2. Accused Shyama Pradhan and Makar Pradhan were holding Katis whereas accused Chandrameni was armed with iron rod. P.W. 2 tried to escape and started running, but accused Shyama dealt a Kati blow on his back side and near the ankle, as a result of which P.W. 2 fell down on the ground. Shyama gave further blows, so also, Nakar by means of Kati on other parts of the leg. The other accused Chandrameni pressed the iron red on the chest of P.W. 2 and threatened to kill. Due to the aforesaid assault, the injured (P.W. 2) sustained several injuries. His daughter(P.W. 2) and co-villager(P.W. 1) who were following the injured raised alarm. P.W. 4, a school boy, who was preparing for his Matriculation examination in the nearby M.E. School saw the occurrence and rushed to the spot. Hearing the shouts of P.Ws. 1, 3 and 4, other villagers came to the spot, but in the meantime, the accused persons had left the place of occurrence. The injured was immediately shifted to the Capital Hospital where he was treated as an indoor patient for a long time. F.I.R. was lodged on the next morning by P.W. 1 and after investigation charge sheet was submitted under Sections 341, 326 and 307/34, Indian Penal Code.

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