HEMANTA KUMAR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the judgment of the learned Sessions Judge, Phulbani whereby he has uphold the judgment and order of the learned Chief Judicial Magistrate, Phulbani convicting the petitioner under section 326, I.P.C. and sentencing him to undergo rigorous imprisonment for two years and to pay fine of Rs. 500/- in default to undergo rigorous imprisonment for a further period of three months.

(2.) The prosecution case, briefly stated, is that on 9-8-1985 at about 11 a.m. while the injured Dirju Digal (P.W. 4) was returning to his village Dadigonda from village Karadi, the petitioner stopped him on the way and dealt axe blows causing incised injuries on his right arm and chest and, thereafter, forcibly removed away from the possession Rs. 790/-. After receiving the injuries, P.W.4 could manage to go to his village with difficult where he disclosed the incident to his son Jibardhan (P.W. 5), his wife (P.W.7) and one Lankeshwar Digal (P.W. 10), who took them to Phulbani Sadar Police Station, where P.W.5 lodged the F.I.R., Ext. 3. In course of investigation the injured was examined by Dr. Arjuna Panda of Sadar Headquarters Hospital, Phulbani (P.W.9) who submitted his report, Ext. 4, indicating that out of three injuries sustained by the injured one was grievous in nature and the other two were simple. After completion of investigation, charge sheet under section 394, I.P.C. was submitted against the petitioner and charge was accordingly framed thereunder.

(3.) The defence of the petitioner was one of complete denial and according to him the case had been falsely foisted out of previous enmity.