RADHESHYAM SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant before this Court challenges the correctness of Judgment of conviction and order of sentence passed on 26/11/1993 by the learned Assistant Sessions Judge, Rourkela in Sessions Trial No. 29/6 of 1993 convicting him for offence punishable U/S 307 of IPC and sentencing him to undergo rigorous imprisonment (R.I.) for a period of nine years and to pay a fine of Rs.500.00 in default whereof, to undergo R.I. for a further period of six months, while acquitting him of the charge for offence U/S 294 of IPC and consequently, giving the benefit of set off U/S 428 of Cr.P.C. as against the substantive sentence awarded to him.

(2.) The prosecution case in short was that on 29. 06.1993 at about 8 P.M. in the night, the convict-appellant came to the residence of informant P.W.3 Bijay Kumar Das and owing to previous grudge, on account of P.W.3 being cited as a witness by Police with regard to the case relating to possession of Jwakim Sahoo and as charge sheet witness in another case pending against Ram Prasad Sahoo and his brothers, called P.W.3 for a discussion and when P.W.3 came outside of his house, the appellant suddenly became furious and caught hold the neck of P.W.3 and tried to stab him with a Bhujali on his belly, but due to good luck, P.W.3 could manage to save himself, however, appellant again rushed towards him and attempted to dealt a Bhujali blow aiming to the neck of P.W.3, but P.W.3 caught hold the hand of the appellant as a result, the appellant fell down as he was in a inebriated condition. The occurrence was witnessed by Ajay Kumar Biswal and Santosh Kumar Pati who came to save P.W.3 and the appellant fled away from the spot with Bhujali by abusing P.W.3 uttering obscene words by saying 'MAAGHIA OKILA AJI BANCHIGALU AUTHARE DEKHIBI'.

(3.) In the course of trial, the appellant stood charged for offence U/Ss. 294/307 of IPC and in substantiation its case, the prosecution had examined altogether six witnesses and relied upon the documents under Exts. 1 to 4 and material object M.O.I(Bhujali) as against no evidence whatsoever by the defence.