LALMOHAN BAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants by filing this appeal has challenged the judgment of conviction and the order of sentence dated 23.12.1991 passed Sessions Judge, Titilagarh in Sessions Case by the learned Addl. No.58/23 of 1991. By the impugned judgment, the appellants (accused persons) have been convicted for offence under section 147 IPC and sections 323/324/325 read with section 149 IPC. Each of the appellant (accused person) has been sentenced to undergo rigorous imprisonment for a period of three months for offence under section 147 IPC; rigorous imprisonment for a period of four months for offence under section 323 read with section 149 IPC; rigorous imprisonment for a period of six months for offence under section 324 read with section 149 IPC; and rigorous imprisonment for a period of six months and fine of Rs.100/- in default to undergo rigorous imprisonment for a period of fifteen days for offence under section 325 read with section 149 IPC with the direction that all the substantive sentences are to run concurrently.

(2.) The prosecution case in short is that on 23.2.1991 afternoon around 5.00 P.M., all the accused persons were near the field of accused Lalmohan Bag which was adjacent to the road. Due to previous dispute between the accused persons on one hand and informant (P.W.1) and his family members on the other in relation to a piece of land which had been purchased by informant's father P.W.8 from one Tarachand over which the accused persons had their eyes, the accused persons all of a sudden came and assaulted the informant mercilessly. They also assaulted the brothers of the informant namely, Prema, Krantilal and their father Chana Bag. It is stated that they assaulted by 'thengas' and 'tangia' causing multiple injuries on their person. It is further stated that around 5.00 P.M. when Prema (P.W.5), brother of informant (P.W.1) were returning to village Chuliphunka passing near the onion field of accused Lalmohan, said accused lost his tamper and abused Prema (P.W.5) questioning them as to why they purchased the land from Tarachand whereafter being called by that accused Lalmohan, other accused persons came to that place. Accused Manu was then holding a 'tangia' whereas other accused persons were holding 'tangias'. All of them came together to that place and immediately started assaulting Prema (P.W.5), his brother Daulal (P.W.1) and Krantilal (P.W.4) and their father Chana (P.W.8). It is stated that the assault was made by 'lathis' and 'tangia' which has been witnessed by many others. It is the further case of the prosecution that when witnesses namely, Kunda Tandi (P.W.2), Sushila Bag (P.W.3), Rasagolla Kumbhar (P.W.7) as well as Bahadur Bhatra (P.W.9) came to the place of occurrence, the accused persons ran away. It has been stated that Krantilal (P.W.4) and Chana (P.W. 8) lost their sense at the spot. P.Ws. 2, 3, 7 and 9 then having made arrangement removed P.W.4 and his father (P.W. 8). The FIR being lodged at Bangomunda police station, the case was registered. On completion of investigation, charge sheet having been submitted, the accused persons faced the trial.

(3.) The accused persons have taken the plea of denial of false implication. The prosecution in order to establish its case has examined in total eleven witnesses besides proving the FIR (Ext.1) and injury reports (Exts.2 to 5), opinions of the doctor (Exts. 6 and 7/1) and the 'X' ray films (Exts.9 to 11). Upon analysis of evidence on record, the trial court has found all the accused persons guilty for commission of offence under sections 147 IPC and they have also been held guilty for commission of offence under sections 323/324/325 read with section 149 IPC. Accordingly, they have been sentenced as aforesaid.