HARIS CHANDRA JANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revisional application is directed against the order of conviction passed by the learned C.J.M.-cum-Assistant Sessions Judge, Nabarangpur in Sessions Case No. 12 of 1984 under S. 307, I.P.C. and the order passed by the appellate Court in Criminal Appeal No. 8 of 1995 passed by the learned Sessions Judge, Koraput-Jeypore whereby the petitioner was convicted under S. 307, I.P.C. and sentenced to undergo R.I. for three years.

(2.) The prosecution story as unravelled during the trial of the case is as fllows : That the injured victim P.W. 3 namely Dinabandhu Jani and also the petitioner-Haris Chandra Jani are two brothers. On the date of occurrence i.e.on 9-6-1994 at 2.00 p.m. while the petitioner himself was engaged in digging a manure pit near the side of the house of his brother, Dinabandhu Jani (P.W. 3) is said to have gone near the pit and thereafter an altercation ensued between them for which the petitioner being enraged, assaulted P.W. 3 by means of a spade resulting in bleeding injuries. After sometime, injured Dinabandhu was taken to the Papadahandi hospital, where he was admitted as an indoor patient. On the basis of the report lodged by the victim's father, a case under S. 307, I.P.C. was registered against the petitioner and investigation started and after closure of investigation, charge-sheet was submitted against the petitioner. After the matter was committed to the Court of Session, it was tried before the Assistant Sessions Judge, Nabarangpur who relying on the evidence of P.W. 3 as well as the Doctor (P.W. 9) found that the petitioner had committed an offence punishable under S. 307, I.P.C. and accordingly sentenced him to undergo R.I. for three years.

(3.) On appeal, the learned Sessions Judge on re-appraisal of the evidence on record has also reaffirmed the order of conviction and sentence recorded against the petitioner. The petitioner has therefore, undaunted by the concurrent orders of conviction and sentence of the Courts below has filed this revision.