PANDAB Vs. STATE OF ORISSA

JUDGEMENT

(1.) Since these two revision applications arise out of one and the same judgment, they are heard together and disposed of by this judgment.

(2.) The present petitioners along with one Brundaban Mallik faced trial before the learned Judicial Magistrate, First Class, Puri under Secs. 323/324, IPC. The allegations against them were that on 13-8-1386 in the morning one of the petitioners, viz, Siria alias Sridhar Palei of village Parbatiour called the injured persons, viz. Lakhu Bhoi (PW 4) and Mangu Bhoi (PW 5) to their village to settle a previous dispute between them. While PWs 4 and 5 were accompanying the said Siria and his companions, they were waylaid at village Parbatipur at about 8 a.m. by the petitioners along with some others being armed with weapons, such as, Pharsa, Bhujali and Tenta etc. The petitioners assaulted PW 5 by means of those weapons, but he managed to escape from their clutches. However, PW 4 was mercilessly assaulted by the petitioners and were taken to their village. PW 5 who managed to escape from the spot informed the incident to his father (PW 1) who took PW 5 to the Hospital and then verbally reported the matter to the Town Police Station, Puri. On the basis of his statement, an F.I.R. was drawn up and investigation started. In course of investigation, PW 4 was rescued by the police and brought to Hospital for treatment. At the Hospital both of them were examined and treated by Dr. Banamaii Rath (PW 7) who granted the injury reports (Exts 2 and 3) on police requisition, On completion of investigation, the police submitted charge-sheet and eventually the petitioners stood their trial before the learned Magistrate.

(3.) On conclusion of trial, the learned Magistrate found accused Brundaban Mallick not guilty of the charge arid resultantly he was acquitted. The learned Magistrate found the ether accused persons guilty of the charge under Secs. 324, IPC, concocted them thereunder and sentenced each of them to undergo R.I. for two months and to pay a fine of Rs. 200/- each, in default, to undergo R.I. for one month each.