SUSANTA KUMAR PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner stands convicted under Section 307 I.P.C. and sentenced to undergo R.I. for two years.

(2.) THE case of the prosecution is that on 14.6.1996 while Bansidhar Nayak (P.W.2) was returning to his house after worshiping the deity "Gateswar Devi", on the way near the "Simili tree" the petitioner came from his back side and assaulted at the back of his head with a bhujali. On account of such assault, he sustained bleeding injuries and ran towards his shop and fell down. On Gandharba (P.W.3) and Sanatan (P.W.5), who witnessed the incident carried P.W.2 to the hospital and sent information to his brother (P.W.1), who lodged F.I.R. P.W.2 was taken to Unit -VI hospital, Bhubaneswar where he was treated for about a week. After completion of investigation, the petitioner was placed on trial in the Court of the C.J.M. -cum -Asst. Sessions Judge, Khurda to face charge under Section 307 I.P.C. The learned trial Judge on the basis of evidence available on record found the petitioner guilty under Section 307 I.P.C. and sentenced him to undergo R.I. for five years. Against the said conviction and sentence, appeal (Criminal Appeal No. 7/7 of 1999/98) was preferred and the learned Second Addl.Sessions Judge, Bhubaneswar while confirming the conviction under Section 307 I.P.C. reduced the sentence to two years.

(3.) I have gone through the evidence of P.W.2. In his evidence he has clearly stated that the petitioner, who is his neighbour assaulted him with a bhujali on the right side of his head near ear.