MAHADEV BANK Vs. STATE OF ORISSA

JUDGEMENT

(1.) - The two petitioners having been convicted under sections 379 and 423,134, Indian Penal Code, on the allegation that on the date of occurrence they removed a bullock belonging to P.W. 3 and killed the said bullock have preferred this revision. They are convicted on both counts by the learned trying Magistrate and were sentenced be undergo rigorous imprisonment for 18 months on each count, but the sentences were directed to run concurrently. On appeal, the learned Sessions Judge though affirmed the conviction and sentence but reduced the sentence to one years rigorous imprisonment on each count

(2.) According to the prosecution case, on 5.4.1979 during the morning hours a pair of bullocks belonging to P. W. 3 were grazing in the field, but as one of the bullocks did not return in the afternoon, P.W. 3 searched for the same. While searching he met P.W. 2 of village Matiabhata and learnt from him that the accused persons were cutting one bullock at the outskirts of village Matiabhata. P.W. 3 them went to the place and found that his bullock had been cut. He, therefore, made a written report on the next day which was treated al F.I.R. (Ext. 2.) and investigation was taken up. The Investigating Officer seized one dead bullock, a knife, two pairs of chappals, alleged to be belonging to the accused persons from the place of occurrence and after completion of investigation filed the charge sheet against the accused persons under sections 379 and 429/34, Indian Penal Code.

(3.) The defence plea is one of denial.