DALAPATI MAJHI Vs. STATE

JUDGEMENT

(1.) BEING aggrieved by his conviction under Section 325 of the Indian Penal Code and the sentence of one month rigorous imprisonment imposed for such conviction, the Petitioner has filed this revision.

(2.) GITA Mukhi was occupying a room belonging to Gorakha Naik. On May 31, 1977 at 2 p.m. in the afternoon the informant (Gita Mukhi), Gorakh Naik, Nityananda Majhi (father of the Petitioner) and one Hara Majhi were sitting on the varendah of the house of Gorakha Naik. At that time Gita Mukhi arrived at the place shouting and said that in course of the quarrel the Petitioner dragged him as a result of which he fell down on the varendah of Gorakha Naik and sustained a fracture of the leg. On the aforesaid allegations, the Petitioner was placed on trial for commission of an offence under Section 325 of the Indian Penal Code. The defence of the Petitioner was that Gita Mukhi was drunk at the relevant time and he sustained the injury by accidental fall from the varendah. There was no intention to cause hurt. The Courts below found him guilty of causing grievous hurt under Section 325 of the Indian Penal Code.

(3.) MR . S.C. Mohanty, learned Counsel for the Petitioner, strenuously contended that on the evidence adduced on behalf of the prosecution, the Petitioner could not be held to be guilty of offence under Section 325, Indian Penal Code. The Petitioner was trying to subside the quarrel and his sole intention was to restore a peaceful situation and with that end in view, he dragged the Petitioner from the place. The fall was accidental and not intended.