CHINTA MARANDI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner was convicted for the offence under Sec. 307 of I.P.C. by the learned Asst. Sessions Judge, Udala in S.T. Case No.20/101 of 1991vide judgment passed on 18/12/1991 and was sentenced to undergo R.I. for a period of five years and to pay fine of Rs.2000.00, in default, to undergo further R.I. for a period of three months. The said judgment of conviction and sentence passed by the trial court was confirmed in appeal by the learned Sessions Judge, Mayurbhanj in Criminal Appeal No.1/1992 as per judgment passed on 9/5/2000. Challenging the aforementioned judgments, the Petitioner has filed the present Revision.

(2.) The prosecution case, briefly stated, is that there was a land dispute between one Bhagaban Marandi, his brother Soren Marandi and the present Petitioner. On 21/4/1991 at about 1.00 A.M. while the said Bhagaban Marandi was asleep on a cot in an open house attached to his residential house, the Petitioner and his brother Soren Marandi entered into the house and assaulted him by means of a knife on his neck. A scuffle ensued, during which Bhagaban Marandi caught hold of the knife, but the Petitioner snatched away the knife and fled away from the spot. As a result of the assault, the informant sustained bleeding injury on his neck and his right hand middle finger for which he was treated as an indoor patient in Udala Hospital. Thereafter, one Bhada Prasad Marandi lodged F.I.R. leading to registration of the case. Upon completion of investigation charge sheet was submitted against the Petitioner and his brother Soren Marandi under Sec. 307/34 of I.P.C.

(3.) Heard Mr. S.D.Das, learned Senior counsel for the Petitioner and Mr. P. Tripathy, learned Addl. Standing Counsel for the State.