ANANDA NATH Vs. STATE OF ODISHA

JUDGEMENT

(1.) The matter is taken up through Video Conferencing.

(2.) The appellant Ananda Nath faced trial in the Court of learned Additional Sessions Judge, Sambalpur in S.T. No.50/19 of 1990 for offence punishable under sec. 307 of the Indian Penal Code on the accusation that he attempted to commit murder of Ambika Nath (P.W.1) on 2/11/1989 at about 5.00 p.m. in village Paramanpur under Sason police station in the district of Sambalpur. The learned trial Court vide impugned judgment and order dtd. 1/8/1990 found the appellant guilty of the offence charged and sentenced him to undergo R.I. for a period of four years.

(3.) The prosecution case, as per the first information report (Ext.1) lodged by P.W.3 Mitu Nath, the husband of the injured (P.W.1) is that on 2/11/1989 in the evening hours when he returned from the paddy field, he found his wife was lying in a senseless condition sustaining injuries over her head and he came to know from his two daughters, namely, Babita Nath (P.W.5) and Bharati Nath that about half an hour prior to his time of arrival, while P.W.1 was sitting in the front doorstep, she found at that point of time that some unknown persons had put some faeces on the lock of the gate. Since previously this type of incident had been committed on two occasions, P.W.1 started abusing without naming anybody. The appellant came there with a lathi and challenged P.W.1 but P.W.1 told him that she was not taking any name. The appellant dealt two to three blows on the head of P.W.1 with the lathi he was holding for which P.W.1 sustained bleeding injuries and became senseless. When the two daughters of P.W.1 raised hullah, some of the co-villagers arrived at the spot for which the appellant left the spot with the lathi. Then P.W.1 was shifted to the village hospital, where the doctors advised the informant to take her to Sambalpur Sadar Hospital for treatment. It is further mentioned in the F.I.R. that P.W.1 had not yet got back her sense.