JUDGMENT

Sashikanta Mishra, J. - In the present revision, the petitioners question the correctness of judgment dated 13.10.2006 passed by the learned Additional Sessions Judge, Sambalpur in Criminal Appeal No. 10/3 of 2004/05, whereby, the said appeal was dismissed and, in the process, the judgment dated 26.06.2004 passed by the learned Asst. Sessons Judge, Sambalpur in S.T. Case No. 277/60 of 2002 was confirmed. As per the said judgment, the learned Asst. Sessions Judge convicted the accused petitioners under Sections 323/325/34 of IPC and sentenced them each to undergo R.I. for two years and to pay a fine of Rs.500/-, in default, to undergo R.I. for three months each for the offence under Section 325 of IPC and to undergo R.I. for six months each under Section 323 IPC with both the sentences to run concurrently.

2. The prosecution case, briefly stated, is that on 04.08.2001 while Pabitra Mirdha, the uncle of the informant Gopinath Mirdha, was returning home after attending the call of nature at about 9 a.m., the three accused persons assaulted him by means of axe and lathi on the village road of Khetinali causing severe bleeding injuries on his person. Upon hearing about the incide