The court held that while the standard of evidence met guilt under Section 324, it did not suffice for Section 307; a reformative sentencing was favored due to the delay in justice and the appellants' good character.

JUDGMENT :

S.S. Mishra, J.

The present Criminal Appeal is preferred by the appellants assailing the judgment and order dated 11^th September, 2009 passed by the learned Addl. Sessions Judge (Fast Track Court-II), Bhadrak in Sessions Trial No. 22/16 of 2009, convicting the appellants for the offence under Section 324 /34 of the Indian Penal Code (herein after “the Code” for brevity) and sentenced them to undergo R.I. for a period of one year each.

2. Heard Ms. Sartika Das, learned Counsel for the appellants and Mr. Sobhan Panigrahi, learned Additional Standing Counsel for the State.

3. The accused persons, namely Raghu @ Raghunath Mohakud and Smt. Kuni Mohakud, stood prosecuted for commission of an offence punishable under Section 307 read with Section 34 of the Indian Penal Code before the learned Trial Court.

4. The prosecution case, in brief, is that accused Raghu @ Raghunath Mohakud and the informant (P.W.1) Bhagirathi Mohakud are brothers and residents of village Balinagar under Basudebpur Police Station. Their houses are situated adjacent to each other. Accused Kuni Mohakud is the wife of Raghu @ Raghunath Mohakud. The injured, Kumari Mangalata @ Mamata Mohakud (P.W.2), is the daughter of the informant. P.Ws.3, 4 and 5 are co-villagers of Balinagar. As per the prosecution, the occurrence took place on 15.05.2008 at about 7:30 a.m. on the village road in front of the house of the informant. It is alleged that the accused persons obstructed the pathway of the informant’s house by throwing water. When the informant protested, accused Raghu @ Raghunath Mohakud allegedly brought out a stick and his son, Bhakta Mohakud (a juvenile in conflict with law), brought out an axe, and both of them assaulted the informant on his head, causing bleeding injuries. Subsequently, P.W.2 Mangalata, the daughter of the informant, arrived at the spot and protested. She was also allegedly assaulted severely by the accused persons and their son Bhakta Mohakud, as a result of which she sustained a bleeding injury on her head. During the occurrence, some nearby villagers including P.Ws.3, 4 and 5 reached the spot and intervened. It is further alleged that P.Ws.4 and 5 were also assaulted in the course of the incident. After the occurrence, the injured persons were shifted to Basudebpur Medical, where they were examined and treated by Dr. Debedutta Rana (P.W.6). On the same day at about 4:45 p.m., the informant (P.W.1) lodged an F.I.R. (Ext.1) before the O.I.C., Basudebpur Police Station. On the basis of the said F.I.R., P.W.7 registered Basudebpur P.S. Case No. 90 of 2008 and took up investigation.

During the course of investigation, the Investigating Officer examined the informant and other witnesses, including the injured persons, visited the spot, prepared the spot map, sent requisitions for medical examination of the injured persons, and collected their injury reports. Upon completion of investigation, he submitted charge-sheet against the accused persons under Sections 341/323/307/34 of the Indian Penal Code. A separate charge-sheet was also submitted against Bhakta Mohakud, finding him to be about 17 years of age and thus a juvenile in conflict with law, under the aforesaid sections.

After their appearance before the Court below, both the accused persons were charged under Section 307 read with Section 34 of the Indian Penal Code. They pleaded not guilty and claimed that they had been falsely implicated due to political rivalry. On their plea to be tried, they were put on trial.

5. In order to bring home the charge, the prosecution has examined seven witnesses. P