DURYODHAN MALLIK Vs. STATE
HIGH COURT OF ORISSA
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(1.) Two out of the three accused persons have approached this Court to exercise revisional power in order to get rid of the conviction and substantive sentence and fine imposed on them on a finding of having committed an offence under S.326/34, I.P.C.
(2.) Case of the prosecution as disclosed in the First Information Report lodged by P.W. 2 at Nayagarh Police Station on 6-11-1978 at 5.45 p.m. is that his father (P.W. 2), the injured having declined to give in marriage of Golap, sister of the informant to Duryodhan (petitioner No. 1) and having got her married elsewhere Duryodhan was threatening to kill' P.W. 2. The other petitioner and another accused were supporting Duryodhan. On 5-11-1978 at about 10.00 p.m. in the night when P.W. 2 came out of the house to answer the call of nature, the three accused persons, who were hiding near the cow-shed of P.W. 2 rushed towards him and Duryodhan gave a blow with Farsa (a sharp cutting dangerous weapon) with aid of the light from lantern held by P.W. 1, the accused persons could be identified. The delay was explained by stating that after arranging transport of the injured to Nayagarh hospital since the village is at a long distance, the First Information Report was lodged on the next day.
(3.) Both the courts found on appreciation of evidence of P.Ws. 1 and 2, the eye- witnesses, who are the father and son that Duryodhan gave the Farsa blow in company with the other two accused persons. There is not much force in the submission of Mr. Misra to disbelieve these two witnesses.;
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