PURNA CHANDRA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) SHORN of unnecessary details, the facts out of which the criminal action was set in motion against the Petitioner are that on 11 -4 -1983 at about 9.30 p.m. while the informant P.W. 1 was returning to his village from Rampur along with P.W. 3 in front of the house of P.W. 5 the accused -petitioner suddenly appeared before him, abused him in filthy language and demanded money from him. P.W. 1 protested against such action of the accused -petitioner.

(2.) THE judgment of the trial Court was impugned by the accused -petitioner in appeal before the Court of Session in Criminal Appeal No. 166 of 1985 and the learned 1st Additional Sessions Judge, Puri, after scrutinising the evidence and the materials on record arrived at the conclusion that the prosecution had failed to establish the charge against the accused -petitioner under Section 337 Indian Penal Code and set aside the conviction of the accused -petitioner under Section 337 Indian Penal Code. But then, relying on the evidence of P.W. 1 and the eye -witness PW. 5 as also the evidence of the doctor PW. 6, the appellate court came to the conclusion that the finding of the trial Court so far as conviction under Section 324 Indian Penal Code is concerned, was correct and there was no reason to interfere with the same. On the basis of such conclusion the conviction and sentence passed against the accused -petitioner under Section 324 Indian Penal Code by the trial Court were maintained. The judgment of the appellate court is impugned in this Revision.

(3.) LEARNED Counsel for the State at the other hand supported the reasonings given by the appellate Court. It was submitted that the evidence of P.W. 5 who was neither a chance witness nor an interested witness coupled with the evidence of the doctor P.W. 6 proves the guilt of the Petitioner and it is a fit case where the order of conviction and sentence should not be interfered with.