MEHABOOB KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant by filing this appeal has assailed the judgment of conviction and the order of sentence dated 15.05.1992 passed by the Sessions Judge, Balangir in Sessions Case No. 76/19 of learned Addl. 1991. The appellant having faced the trial for commission of offence under section 148 and 395 IPC and section 307/324/323 read with section 34 IPC has been convicted under section 324 IPC and sentenced to undergo rigorous imprisonment for a period of six months.

(2.) The prosecution case, in short, is that this accused and seven others who faced the trial hail from village Jharni. On 6.5.1991 morning the forest and police officials suspecting commission of forest offences conducted joint searched in the houses of the accused persons. After, it was all over, during noon hour, the accused persons came in front of the house of P.Ws. 1, 2, 13 and 14 who are brothers and abused P.W. 14 alleging that he having informed those Govt. officials against them; their houses were searched. It is further stated that P.Ws. 13 and 14 then came out of the house and refuted the allegations which the accused persons were leveling against them. The accused persons then assaulted P.Ws. 1, 2, 13 and 14 and caused injuries upon their persons. Around 4 P.M., P.Ws.1 and 2 went to the village 'basti' so as to ascertain the facts relating to the occurrence. At that time all the accused persons were sitting in front of the house of accused Sattar (since acquitted). They came and surrounded P.Ws. 1 and 2 and assaulted them by means of lathi and tangia. Hearing hullah, P.Ws. 13 and 14 when arrived there, they were also assaulted and injured. It is alleged that while dealing the blows, the accused persons snatched away cash amounting to Rs. 1200/- from the pocket of the P.W. 12. The accused persons stood charged for offence under sections 148/ 395 IPC and Sections 307/324/323/34 IPC.

(3.) The defence case is that of complete denial and false implication. In the trial prosecution has examined fifteen witnesses and has proved the FIR (Ext.9), injury reports (Exts. 3 to 6) as also the seizure lists and other contemporaneous documents prepared and seized in course of investigation. The defence has not tendered any evidence. The trial court upon examination of the evidence on record and their evaluation has found that the prosecution has been able to establish its case beyond reasonable doubt only as against this accused namely Mehaboob Khan for commission of offence under section 324 IPC. Having so found, those other seven accused persons have been acquitted of all the charges and this accused having been acquitted of all the charges other than the section 324 IPC has been convicted thereunder and sentenced to undergo rigorous imprisonment for a period of six months.