CHHOTA MASTER ALIAS JAHARLAL MAHANTA Vs. STATE

JUDGEMENT

(1.) The petitioners faced trial before the learned Assistant Sessions Judge for the offence under Ss. 307/34, IPC. They were convicted by the trial Court and sentenced to suffer R.I. for seven years. The appeal to the Sessions Court became unsuccessful. Thereafter, they have filed this revision petition challenging the order of conviction and sentence recorded by the Courts below.

(2.) The prosecution case, in brief, is that on 20th June, 1969, the victim (P.W. 1) had gone to Baripada. Both the petitioners were known to him from before. They invited him to accompany them to a cinema show to which be agreed. Accordingly, all of them witnessed the second show in Jagadhatri Talkies. After the show was over, the petitioners invited them for a late supper and all of them took food in a hotel near Balacore Golad of Baripada town. Thereafter, they proceeded towards their village on bicycles. When they approached the bridge over river Balanga, petitioner No. 1 Chhota alias Joharlal Mohante told that he would attend a call of nature. So all of them got down from their bicycles. Suddenly, petitioner No. 2 Chhutu Singh stabbed the victim (P.W. 1) on the abdomen with a knife and then both the petitioners together threw the victim to the river from the bridge. When the victim tried to swim for life, the petitioners pelted brick bats at him causing injuries on his head. Somehow the victim climbed on to a sand he as full of creepers and spent the night. In the early next morning the villagers found him lying in injured condition and informed the police. He was removed to a hospital where he was admitted as an a indoor patient. After prolonged treatment he was discharged from the hospital. Eventually, the petitioners faced trial and were convicted by the trial Court which was affirmed by the appellate Court.

(3.) Being dissatisfied with the findings of the course below, the petitioners have come in revision.