MAHESHWAR TANDI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction dated 18.12.2004 passed by the learned C.J.M. -cum -Asst. Sessions Judge, Kalahandi, Bhawanipatna in S.C. No.14 of 2003 (S.C. 24 of 2003 of Kalahandi District Court).

(2.) THE case of the prosecution is that on 14.10.2001 at about 8.00 a.m. when the injured Arakhita Naik (P.W.13) and his wife -Anjana Naik (P.W.6), who are respectively father and mother of the informant (P.W.5), were going to Beheramunda, both the appellants all on a sudden arrived at the spot and assaulted the injured by the back side of a tangia on his left leg, as a result of which he fell down. Thereafter, appellant No.1 -Maheswar pounced upon the injured and his son, appellant No.2, assaulted the injured by means of a knife on his head, back and leg. When the wife of the injured raised shout, the informant and his brothers reached the spot and both the appellants fled away from the spot. On being reported by P.W.5, the police registered a case, proceeded with the investigation and after completion of the same submitted charge sheet against the appellants under Sections 307/325/341/34 IPC.

(3.) THE prosecution, in order to prove its case, examined as many as 15 witnesses. The appellants also examined one witness to substantiate their plea.