BULU Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this revision the petitioner-Bulu @ Umesh Chandra Rath has challenged the judgment and order dtd. 20/4/2005 passed by the learned Sessions Judge, Koraput, Jeypore in Criminal Appeal No.57 of 2004 confirming the conviction and sentence of the petitioner for commission of offence under Sec. 354 Indian Penal Code ( in short "IPC") while acquitting him of the offences under Sec. - 294/341 and 506 IPC vide judgment and order dtd. 27/5/2004 passed by the learned Chief Judicial Magistrate-cum-Asst. Sessions Judge, Jeypore in Sessions Case No.40 of 2001 and converting his conviction under Sec. 307 IPC to one under Sec. - 308 IPC and modifying the sentence to R.I for three years in default to undergo SI for one month with a direction for the sentences to run concurrently . The learned trial Court had convicted the petitioner of the offences under Sec. - 294/ 341/ 506/ 354 and 307 IPC and sentenced him to undergo R.I. for four years and to pay fine of Rs.1,000.00, in default, to R.I. for three months for the offence under Sec. 307 I.P.C. and to undergo simple imprisonment for one month for the offences under Secs. 294/341/506 and 354 I.P.C. with a direction for the sentences of imprisonment to run concurrently.

(2.) The prosecution case in brief as that on 29/7/2001 at about 11.00 A.M. when Satyabhama Sahu, W/o-Sankar Sahu of Surya Mahal, Jeypore was alone in her house, the petitioner-accused came there and enquired about her husband, when the informant said that her husband is not present in the house, the accused-petitioner abused her in obscene language and caught hold of her hair and pushed her and demanded money, which the informant also paid him. Then accused left her house. After sometime when her husband reached the house, she narrated the entire facts before him and then both of them (husband and wife) went to the house of the accused and told the wife of the accused about the over act committed by her husband . Then the accused assaulted the husband of the informant on his face by means of a broken glass bottle causing bleeding injury in his eye and cheek. She took her husband in an Autorickshaw to the hospital for treatment and lodged F.I.R. at about 4.45 P.M. on the same day and leading to registration of Jeypore Town P.S. Case No.110/01.

(3.) During investigation the I.O. visited the spot, examined the witnesses, sent the injured for medical examination and submitted the charge sheet against the accused-petitioner under Secs. 341/ 294/354/324/307/506 and arrested the accused-petitioner.