Consistent witness testimonies can support convictions under relevant sections of the Indian Penal Code, while lack of medical evidence may result in the benefit of doubt for certain charges.

JUDGMENT

Rongon Mukhopadhyay, J. – Heard Mr. A. K. Sahani, learned counsel, appearing for the petitioners and Mr. Shekhar Sinha, learned APP for the State.

2. This application is directed against the judgment dated 30.11.2007 passed by learned Additional Sessions Judge, F.T.C. II, Seraikella in Cr. Appeal No. 37 of 2006, whereby and whereunder, the judgment of conviction and the order of sentence dated 31.08.2006 passed by learned Judicial Magistrate, 1st Class, Seraikella in C/1 Case No. 12 of 2000 (T.R. No. 895 of 2006), convicting the petitioners for the offences punishable u/s 147/ 323 of the Indian Penal Code and sentencing them to maximum period of six months S.I., has been affirmed.

3. The prosecution story in brief is that on 09.01.2000 at about 7 a.m. when the complainant was in his home, the accused persons had come and used filthy language. The brother of the complainant had protested at which one Basant Jyotishi as well as petitioner No. 4 had come with deadly weapons and had threatened the complaint and his younger brother. It has been alleged that Basant Jyotishi ordered the other accused persons to commit assault as a result of which an arrow grazed the uncle of the complainant, who sustained injury. Since the people of village had assembled, the accused persons had fled away. It has been stated that the Akshay Jyotishi was assaulted by accused person on the head. Banbihari got injury on upper part of his leg. The injured persons were taken to hospital at Rajnagar and Rajnagar Police Station was informed but no case was registered. It has been alleged that the cause of incident was dispute with respect to the land between the complainant and the accused persons. Based on the aforesaid allegation C/1 Case No. 12 of 2000 was instituted in which cognizance was taken and thereafter charge was famed u/s 147, 148, 323 and 324 I.P.C. The learned trial court vide judgment dated 31.08.2006 had acquitted the accused persons of the offence u/s 324 of the I.P.C., whereas convicted them for the offences punishable u/s 147/ 323 of the I.P.C. and sentenced them accordingly. Against the judgment of conviction and sentence an appeal was preferred which was dismissed on 30.11.2007.

4. In course of trial 05 witnesses were examined on behalf of the prosecution. P.W. 1, Indrajeet Jyotishi has stated that the occurrence was taken place on 09.01.2000, when he had seen Nursing Jyotishi came out from his house and there was exchange of hot talk between Nursing Jyotishi and Laxman Jyotishi. This witness has further stated that Basant was armed with bow and arrow and petitioner No. 2 was armed with Rod and other accused persons were also armed with Danda. He has further stated about the assault committed by he accused persons as a result of which Banbihari and Akshay sustained injuries. He had further stated that the injured person were taken to hospital at Rajnagar. P.W. 2 Nursing Jyotishi had supported the occurrence and had stated that the petitioner No. 1 had used abusive language and thereafter the accused persons had come variously armed which resulted in three persons sustaining injury. P.W. 3 Ban Bihar Jyotishi is one of the injured persons who had supported the prosecution case and had stated that the petitioner No. 1 had assaulted him with Lathi. He further stated that the other injured persons were taken to hospital. He further stated that they had gone to the police station but no case was instituted. P.W. 4 Dhan Pati Jyotishi is also an eye witness to the occurrence and at the time of occurrence he was present in his house and he had supported the prosecution case with respect to the initial exchange of words between Narsingh Jyotishi and the petitioner No. 1 and the subsequent assault caused by the accused persons which resulted in suffering of injury to three persons. P.W. 5 Balram Jyotishi has also supported the prosecution case and has corroborated what has been stated by other witnesses with respect to the assault committ