LINGA NAIK AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS revision is against the appellate judgment of the Additional Session Judge, Puri upholding the conviction and sentence of Petitioner Linga under Section 324 Indian Penal Code. Dasa under Section 325 Indian Penal Code, and that of Karuna, Charan, Baban, Binod and Narayan under Section 323 Indian Penal Code and that of all the seven Petitioners under Section 147 Indian Penal Code.

(2.) THE prosecution case in a nut shell is that on 3 -6 -1963 the Petitioners along with a few others armed with Lathis and Bhalis trespassed into the complainant's land and reploughed the same, and when the complainant and his men protested they were badly assaulted by the Petitioners.

(3.) IN the case before me, the few injuries on four of the Petitioners have not been connected with the occurrence in any way, nor is there any finding that the same were noticed or to the knowledge of the prosecution witnesses. Four of the Petitioners were examined by p.w. 8, the doctor, one day after he examined the injured p.ws. All the injuries on Petitioners Nos. 1, 2, 3 and 5, according to the medical certificates Exts. A, B, C and D, were of simple nature, most of them being bruises and a few abrasions and lacerated wounds of very minor type. From the nature of the injuries and the surrounding circumstances it is also difficult to come to a definite finding that the said injuries should or could have been noticed by the prosecution witnesses even if caused during the occurrence. The prosecution witnesses having been badly assaulted were mostly mindful about this own injuries, and as such it is difficult to say that in this case the failure of the prosecution to explain the injuries on the accused persons would amount to a suppression of a material portion of the occurrence, so as to entitle the Petitioners to an acquittal on a finding that the prosecution has not come out with a true case.