BISIKESAN BANUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal from jail is against the order of conviction under Sec. 307, I.P.C. and sentence of seven years rigorous imprisonment and a fine of Rs. 1,000/ - in S.C. Case No. 3/95 passed by the learned Assistant Sessions Judge, Gunupur.

(2.) The prosecution case, in short, was that P.W. 5 Bimbadhar Patra, the informant, who is the brother of Chandrama Banua, wife of accused, on hearing the cries of his sister, rushed to her house. He found, Bisikesan, the husband of his sister, the present Appellant, was assaulting her by means of a Tangia. When he, his father and mother tried to snatch away the axe, they were also assaulted by the said axe. On hearing their cries, one Manadhar Nayak, P.W. 2 and Gupta Patra, P.W. 9 reached the spot and tried also to snatch the axe and in the process, they also got injured, but however, the accused appellant went away. Due to the assault, the father of the informant, Pitabas Patra, P.W. 8, sustained bleeding injuries on his right hand and cheek, mother Champa Patra on her left knee and shoulder and her sister (who is the wife of the accused -appellant) on back and shoulder. P.Ws. 2 and 9 also sustained injuries in right hand and back respectively. The police registered the case on the basis of the F.I.R. and conducted investigation and after completion, submitted the charge -sheet.

(3.) The accused -appellant took the plea that his father -in -law and mother -in -law forced him to sell the cultivable lands recorded in his name to which he having denied, the false case has been foisted against him.