RAMESH CHANDRA BANK Vs. STATE OF ONISSA

JUDGEMENT

(1.) The three petitioners have been convicted under Section 307 /34. Indian Penal- Code and sentenced to undergo R.I. for five years each and to pay a fine of Rs. 50/- in default to undergo R.I. for five days such. The said order of conviction and sentence having been confirmed by the Appellate Court the present revision has been filed.

(2.) The informant (PW 5), is the owner of a. Dhaba within Soro Police station. At about 11.45 p.m. of 7-5-1988, the three petitioners came to the - IDhaba for taking food. They asked PW 4. the brother-in-law of PW 5 to collect three plates of meat curry. When PW 4 asked for money the accused persons abused and threatened him. PW 5 came to pacify but he was assaulted: While PW 4 was running away towards police station, petitioner No.2 caught hold of him as q, result of which PW 4 fell on the ground. Petitioner No.1. who in the meantime had brought an iron rod assaulted PW 4 by the said rod. PW 4 sustained a fracture on his right hand and sustained two other injuries. After investigation charge sheet was submitted.

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