JUDGMENT :

Dr. Durga Prasanna Choudhury, J. - The captioned appeal challenges the judgment and order of conviction and sentence dated 23.06.1992 passed by learned Addl. Sessions Judge, Bhadrak in S.T. Case No. 48/10 of 1992, whereby appellant No. 1 was sentenced to undergo rigorous imprisonment for three years after being convicted under section 324 of the I.P.C. and appellant No. 2 was sentenced to undergo rigorous imprisonment for one year after being convicted under section 323 of the I.P.C. In this judgment, appellant No. 1 and appellant No. 2 will be addressed as accused Benudhar and accused Rabindra respectively.

FACTS :

2. The factual matrix leading to the case of the prosecution is that on 03.07.1991 at 7.30 P.M., the accused persons, including the present appellants, being armed with deadly weapons, namely, tenta, sword, lathi and by forming an unlawful assembly reached in front of the house of informant Gorachand Mahalik. They abused the informant in obscene language. When the accused persons attempted to assault the informant and his brother Pagal Mahalik, the latter tried to flee away from the verandah of their house; but accused Benudhar assaulted by tenta on the left sid