GOBARDHAN GOUDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Revision has been filed challenging the order of conviction dated 29.1.1993 passed by the learned Assistant Sessions Judge, Jeypore in Sessions Case No.85 of 1991 convicting the petitioner under Section 307 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for five years and to pay a fine of Rs.1000.00 (one thousand), in default to undergo rigorous imprisonment for a further period of six months, confirmed by the learned Additional Sessions Jeypore in Criminal Appeal No.70 of 1993.

(2.) ON the basis of an FIR lodged by Laxman Paraja (P.W.7) on 23rd February, 1991, B.Singhpur P.S. Case No. 13 of 1991 was registered which was subsequently numbered as G.R. Case No.114/91 and after commitment the case was numbered as Sessions Case 361 of 1991 on the file of the Sessions Judge, Jeypore. The said case was re -numbered as Sessions case 85 of 1991 on transfer to the Assistant Sessions Judge, Jeypore before whom the petitioner faced the trial. The prosecution case, bereft of all unnecessary details, is that there was a pre -existing litigation between the family of the informant and the family of the accused -petitioner centring round the title and possession over certain land and the trees standing thereon. A civil dispute relating to that culminated in favour of the informants family. Since then both the families were at daggers drawn. On 23rd of February, 1991, i.e. the date of occurrence, at about 7 a.m., Ballav Paraja P.W.1 (son of the informant) and four others, namely P.W.2 to 5, were taking tea in the shop of Dhanurjaya Gouda (P.W.6) situated in the same village. At that time the petitioner came to the spot and gave a blow by means of an axe (M.O.I) on the back side head of P.W.1 who sustained a cut bleeding injury on his head. Soon after giving the blow, the petitioner ran away from the spot leaving the axe. P.W.2 who was taking tea along with P.W.1, picked up the blood -stained axe from the spot, took the injured to his father P.W.7 and narrated before him the entire story. P.W.1 became senseless and was immediately taken to B.Singhpur Additional P.H.C. for treatment P.W.7, father of the injured P.W.1, submitted the FIR (Ext.1) at Raniguda Outpost describing the entire episode. P.W.11 on the basis of the FIR (Ext.1) made a Station Diary Entry and forwarded the FIR for registration of the case at B.Singhpur P.S. and carried on investigation. On completion of investigation P.W.11 submitted charge sheet against the petitioner for commission of an offence under Section 307 IPC.

(3.) THE plea of the accused -petitioner was a denial. He also take the plea that the case had been falsely initiated against him due to previous enmity. The defence examined D.W.1 in support of its plea.