SEKHAR DAS Vs. THE STATE

JUDGEMENT

(1.) THE Petitioner was tried for an offence Under Section 332, I.P.C. while his co -accused Kasinath Sabat stood his trial for an offence Under Section 332/114, I.P.C. The trial court convicted the Petitioner Under Section 332, I.P.C. and sentenced him thereunder to R.I. for six months. Accused Kasinath was, however, found guilty of the offence Under Section 332/109, I.P.C. and was sentenced thereunder to R.I. for one month. Both the Petitioner and accused Kasinath preferred separate appeals against their conviction before the Sessions Judge, Bhawanipatna. The Additional District & Sessions Judge. Bhawanipatna who heard both the appeals together confirmed the order of conviction and sentence and dismissed the appeals by a common judgment dated 6 -8 -1979.

(2.) WHILE admitting the revision, this Court observed that if the offence was true the sentence imposed was inadequate and accordingly issued notice of enhancement of the sentence.

(3.) THE prosecution case shortly stated is that one B. Anand Rao (P.W. 1), a Train Ticket Examiner of the South -Eastern Railway, was on duty on 27 -7 -1976 in the 416 -Down Waltair -Raipur Passenger Train from Muniguda Railway Station to Titilagarh Railway Station. On that day, the Railway Magistrate posted of Kantabanji was holding his mobile court and several Train Ticket Examiners were engaged to check tickets of the passengers. Several passengers got into a compartment of the said train at Narala Road Railway Station in which P.W.1 was checking the tickets. When the train was about to reach Rupra Road Railway Station, P.W. 1 found the Petitioner in the compartment travelling without ticket. As the Petitioner could not produce the ticket on demand, P.W. 1 calculated the amount payable by the Petitioner towards fare and penalty and asked him to pay the money, In the meantime, the train reached Rupra Road Railway Station. The Petitioner got down from the train at the said railway station and without paying the money attempted to get away. P.W. 1 made efforts to prevent the Petitioner's escape by holding him by his hand whereupon the Petitioner is alleged to have forcibly extricated himself from the grip of P.W. 1 and assaulted P.W. 1 with fist blows, While the Petitioner was dealing first blows on P.W. 1, his co -accused Kasinath was investigating him to beat P.W. 1 with chappals. At that time some other railway men who were working in the train arrived there and prevented further assault on P.W. 1, P.W. 1 then sent a report about the incident from Titilagarh to the G.R.P. at Rayagada through a Railway Guard. As a result of the assault, P.W. 1 sustained injuries on his face and on account of the fall during the assault he sustained injuries on his knee.