BRUNDABAN BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Brundaban Behera faced trial in the Court of learned Chief Judicial Magistrate-cum-Asst. Sessions Judge, Angul in S.T. Case No.181 of 1993 (Trial Case No.64 of 1994) for offences punishable under sections 307 and 324 of Indian Penal Code. The son of the petitioner namely Sidheswar Behera also faced trial along with him and he was charged under sections 307/109 of Indian Penal Code.

(2.) The prosecution case, as per the First Information Report submitted by Kirtan Behera (P.W.5) is that, on 19.07.1993 at about 9.00 p.m. when he returned home, he found that the petitioner Brundaban Behera and his son Sidheswar Behera were quarreling with his son Brajendra Behera (P.W.7) in connection with some land dispute. When the informant confronted the accused persons, all on a sudden the petitioner assaulted P.W.7 by means of tangia on his head and hand. The informant rushed to the rescue of his son, but he was also assaulted on his head by means of tangia by the petitioner. The informant snatched away the tangia from the hands of the petitioner and at that point of time, the co-accused Sidheswar Behera handed over a lathi to the petitioner and the petitioner dealt two to three lathi blows to the informant for which he fell down on the ground and when the daughter-in-law of the informant namely Suchitra Behera (P.W.1) rushed to the spot, she was also assaulted by means of lathi by the petitioner and thereafter, the accused persons decamped from the spot.

(3.) After submission of charge sheet, the case was committed to the Court of Session after observing due committal procedure where the learned Trial Court framed charges against the accused persons and since the accused persons refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and establish their guilt.