The main legal point established in the judgment is the significance of consistent witness statements and the requirement for the prosecution to explain injuries sustained by the accused.

JUDGMENT

S.K. Sahoo, J. - The matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Three appellants, namely, Sudarsan @ Aiban Naik, Saheba Naik and Bhagaban Rout along with one Babu @ Baijendra Naik faced trial in the Court of learned Additional Sessions Judge, Sambalpur in S.T. Case No.67/5 of 1989-92 for offence punishable under section 307 of the Indian Penal Code. The learned trial Court vide impugned judgment and order dated 28.01.1993 though acquitted accused Babu @ Baijendra Naik and appellants nos.2 and 3 namely, Saheba Naik and Bhagaban Rout of the charge under section 307 of the Indian Penal Code but found the appellants nos.2 and 3 guilty under section 323 of the Indian Penal Code and sentenced them to undergo R.I. for three months. Similarly, the appellant no.1 Sudarsan @ Aiban Naik was found guilty under section 307 of the Indian Penal Code as well as under section 323 of the Indian Penal Code and sentenced to undergo R.I. for a period of three years and R.I. for three months respectively with a further direction that the sentences are to run concurrently.

The learned counsel for the State produced a letter dated 21.09.2020 of the Inspector in-charge of Kisinda police station in the district of Sambalpur which indicates that the appellant no.1 Sudarsan @ Aiban Naik died on 19.12.2014 and the appellant no.3 Bhagaban Rout died about seven years back. In view of section 394(2) of Cr.P.C., this appeal so far as appellant no.1 and appellant no.3 stands abetted.

2. The prosecution case, in short, is that Dwaru Rout (P.W.1) was the owner in possession of a piece of cultivable land locally known as Majhimunda, which was situated in village Ghodadian. In the year 1988, he had raised paddy crops thereon and on 14.11.1988 morning, while he was reaping the standing crops with his labourers namely, Keshaba Rout (P.W.2), Rajan Sahu (P.W.3) and Palau Naik (P.W.4), the appellants along with the co-accused Babu @ Baijendra Naik entered into the said land being armed with lathies and axe, challenged them and assaulted them. On account of such assault, Keshaba Rout (P.W.2) received serious injuries and was hospitalized and P.Ws.1, 2 and 3 also sustained some minor injuries.

On the basis of the first information report lodged by P.W.1 before officer in charge of Kisinda police station on 14.11.1988, Kisinda P.S. Case No.22 of 1988 was registered under sections 447/323/307/34 of the Indian Penal Code. P.W.10 Dhabaleswar Bibhar, who was the officer in charge of Kisinda police station, took up investigation of the case, visited the spot, examined the witnesses, sent the injured persons for medical examination, seized the lathies, arrested the accused persons and forwarded them to Court, made a query to the Medical Officer relating to the injuries sustained by P.W.2 Keshaba Rout and also recorded the dying declaration of Keshaba Rout (P.W.2) and on completion of investigation, submitted charge sheet against the appellants and co-accused Babu @ Baijendra Naik under sections 447, 323, 307/34 of the Indian Penal Code on 28.01.1989.

3. After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned trial Court framed the charge against the appellants and the co-accused Babu @ Baijendra Naik for the offence under section 307 of the Indian Penal Code on 20.09.1989. Since they refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and establish their guilt.

4. During course of trial, the prosecution examined ten witnesses.

P.W.1 Dwaru Rout is the informant in the case and he is an eye witness to the occurrence. He stated that while he along with P.Ws.2, 3 and 4 were cutting paddy from his land, all the four accused persons came being armed with lathies and axe and assaulted them.

P.W.2 Keshaba Rout, P.W.3 Rajan Sahu and P.W.4 Palau Naik are the injured eye witnesses to t