GANESWAR BHOLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Nine persons including the four petitioners were charge sheeted under sections 323, 341, 342 read with section 34 I.P.C. The trial court acquitted five of them and convicted the four petitioners under section 323 I.P.C. and sentenced each of them to undergo R.I. for six months and to pay a fine of Rs. 1,000/- in default to undergo S.I. for one month. The trial court further convicted Ganesh Bhola (petitioner No.1) and Paban Bhola (petitioner No.2) under section 341, I.P.C. and sentenced each of them to undergo R.I. for six months under that section. Being aggrieved by conviction and sentence passed by trial court, petitioners filed Criminal Appeal No. 63/47 of 9 1/90. The appellate court confirmed the conviction and sentence passed by the trial court. Challenging the conviction and sentence, petitioners have filed this Criminal Revision.

(2.) The prosecution case in short; is that on 18.3.1983 at about 11.30 AM. Sarat Kumar Champati (P. W. 2) was going on cycle at village Batali assailants assaulted him by means of lathis, iron rods, cycle chains, fist blows and slaps. After assaulting him and taking away his cycle and other articles, the assailants dragged him to the nearby village and tied him to an electric pole and thereafter decamped from the place. Sarat Champati was rescued and taken to Banpur hospital and from Banpur hospital he was shifted to M.K.C.G. Medical College & Hospital, Berhampur for treatment. On getting information, the uncle of the injured (P.W. 1) lodged information and investigation was started and thereafter charge sheet was submitted against nine accused persons under sections 323, 341, 342 read with section 34, I.P.C.

(3.) The plea of the defence is that of total denial.