BALAKRISHNA ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 23rd December, 1991 passed by the learned Addl. Sessions Judge, Bolangir in Sessions Case No. 96/15 of 1990 wherein while acquitting all the accused persons numbering nine of the charge under Sections 148/307/149 of the I.P.C., he convicted accused -appellants, Agni Kumar Meher and Dalaganjan Meher for the offence under Section 325 of I.P.C. and sentenced them there under to undergo R.I. for one year each accused -appellant Gandharba under Section 324 of the I.P.C. and accused Balkrishna Rout @ Hadu and Pahilman Rout for the offence under Sections 324/34 of the I.P.C. and sentenced them thereunder to undergo R.I. for six months each.

(2.) SHORN of unnecessary details, case of the prosecution is that on 2.6.1990 at about 11.30 A.M., while P.W.11, the Headmaster of Luhasinga U.P.School was going on a scooter being driven by P.W.9 to his School to receive his salary, on the way, the scooter developed some mechanical troubles, for which P.W.9 went to the village to fetch a plug. As there was some delay, P.W. 11 went towards the village -Basti only to be assaulted by accused Agni Meher with a Tabli and Premananda Bag with a Lathi. Because of the assault he sustained injuries on his head and leg. In the meantime, while P.W.9 was returning on a bicycle from the house of Banamali Meher, accused Pahilman Rout caught hold of his cycle and Hadu @ Balakrushna Rout assaulted him. On the same date P.W.10, brother of P.W.9 lodged a written report before the O.I.C. of Patnagarh Police Station (P.W.12) which was treated as F.I.R. As the allegation contained in the F.I.R. revealed a cognizable case, P.W.12 registered it and took up investigation. In course of investigation he visited the spot, seized some material objects, sent the injured persons (P.Ws. 9 and 11) to the Hospital for medical examination and on 29.6.1990, in the eve of his transfer he made over charge of investigation of the case to the S.I., B.S.Mishra, who submitted charge sheet against the accused persons under Sections 148/307/149 of I.P.C. The case having been committed to the Court of Sessions Judge, Bolangir, it was transferred to the file of learned Addl. Sessions Judge, Bolangir for disposal. After going through the record and hearing learned Counsel for the parties, learned Addl. Sessions Judge, Bolangir framed charge under Sections 307/324/325 read with Section 149 of the I.P.C. against all the nine accused persons, who faced trial before him.

(3.) AFTER assessing the evidence on record, the trial Court found none of the accused persons guilty of the offence under Sections 148/307/149 of I.P.C, butfound accused Agni Kumar Meher and Dolaganjan Meher guilty of the offence under Section 325 of I.P.C. and accused Balkrishna Rout @ Hadu, Pahilman Rout and Gandharba Bariha under Section 324 of I.P.C. and convicted and sentenced them thereunder as stated earlier. Being aggrieved with the said judgment and order the five convicts have preferred the present appeal.