NIRANJAN SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, who is the accused in S.T. Case No. 772 of 2001 of the Court of learned C.J.M. - cum- Asst. Sessions Judge, Jajpur, has preferred this revision seeking to challenge the judgment passed on 23.04.2011by the learned Adhoc Additional District and Sessions Judge (Fast Track Court), Jajpur in Criminal Appeal No. 11 of 2003, whereby, the judgment passed by the learned C.J.M. -cum- Asst. Sessions Judge, Jajpur in S.T. Case No. 772 of 2001 was confirmed, but the sentence was modified. Learned trial Court had convicted the accused petitioner for the offence under Sec. 323 and sentenced him to undergo S.I. for six months and to pay a fine of Rs.2000.00, in default, to undergo further S.I. for one month. The petitioner carried the matter in appeal, whereby, the sentence was modified to S.I. for three months with fine of Rs.1,000.00 to be paid to the informant as compensation, in default, to undergo S.I. for one month.

(2.) The facts of the case are that one Kunja Bihari Sahoo lodged FIR on 4/2/1999 before the IIC of Binjharpur Police Station alleging that on the same day at about 7 a.m. there was a quarrel between his wife and Basantilata Sahoo and his daughter Kunilata Sahoo over a dispute relating to a thatched house. The accused, who happens to be his elder brother, abused him (the younger brought) in filthy language and threatened to set his dwelling house to fire and when the informant wanted to report the matter before the local gentries, the accused assaulted him by means of a mugura and an iron rod causing injury on his head. Basing on such report, Binjharpur P.S. Case No. 29 of 1999 was registered under Ss. 341/506/307/34 of IPC and investigation was taken up. Upon completion of investigation, charge sheet was submitted under the aforementioned Sec. .

(3.) Heard Mr. B. Dash, learned counsel for the petitioner and Mr. P.K. Maharaj, learned Addl. Standing Counsel for the State.