NUNU BABU SONI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant from inside the jail custody has filed this Appeal in assailing the judgment of conviction and order of sentence dated 30.03.2015 passed by the learned 1st Addl. Sessions Judge, Bhubaneswar in C.T. case No.05/263 of 2014.

(2.) The Appellant as the sole accused faced the Trial being charged for commission of offences punishable under Section-326(A) of the IPC. The Trial Court in concluding the trial has held the Appellant guilty for commission of offence punishable under Section-324 of the IPC and accordingly he has been sentenced to undergo Rigorous Imprisonment (R.I.) for a period of two and half years (2 yrs 6 months) and pay of Rs.5,000/- in default to undergo R.I. for six months (6 months). It is further stipulated that from out of the above fine amount, if so realized, a sum of Rs.4,000/- would be paid to the Informant-victim as compensation.

(3.) Prosecution case is that on the 2nd day September, 2014, in the morning hours around 8 am, the accused being in a drunken state was seen quarreling in front of the house of the Informant who has been examined as P.W.1. The informant when forbade him to continue as such; the accused got annoyed and having given a slap, threw some liquid on him. With the touch of that liquid, P.W.1 felt burning sensation on his body and thus was taken to the hospital. People of the nearby houses having gathered at the spot, detained the accused. Information as to the incident having been sent to Laxmisagar Police Station, Bhubaneswar within whose jurisdiction, the place of occurrence situates, P.S. Case No.200 of 2014 was registered and the investigation commenced. On completion of investigation, accused was placed for Trial for the offence punishable under Section-326(A) of the IPC.