PUNIA SETHI Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the judgment of the learned 1st Addl. Sessions Judge, Berhampur in Criminal Appeal No. 64 of 1995 (Crl. Appeal No. 20/95 GDC) confirming the order of conviction and sentence under Section 307, I.P.C. passed by the learned Chief Judicial Magistrate -cum -Asst. Sessions Judge, Berhampur.

(2.) THE prosecution case in short is that on 17.4.1992 at about 11.15 P.M., the informant Balabhadra Brahma, a police constable attached to Gosani Nuagaon Out Post while was proceeding to Dilli Chhok along with another constable Sarat Chandra Mohapatra, the accused -petitioner suddenly appeared before them and asked as to why accused Gola Parsu was arrested by them. The informant having replied that said Gola Parsu was arrested in connection with some case, the petitioner brought one sword and dealt a blow aiming at the head of the informant. However, the blow cut the left side ear and another blow came in contact with his left leg, for which the informant sustained the bleeding injury and the other Constable Sarat Chandra Mohapatra, who was present, tried to intervene, but the accused fled away from the spot by brandishing the sword. The injured and the other Constable came to Gosani Nuagaon Out Post with bleeding injury and Station diary entry was made. The injured was taken to the Berhamur Police Station, where F.I.R. was lodged and on police requisition, he was sent for treatment to M.K.C.G. Medical College and Hospital. However, the Doctor found certain simple injuries and treated him in the hospital.

(3.) THE prosecution examined 10 witnesses including the informant and the Doctor and none for the defence. On consideration, the statement of witnesses and the materials placed, the learned trial Court came to the finding that on the date of occurrence at the relevant point of time, the accused assaulted the informant P.W. 1 on a sword on its blunt portion, as a result of which he sustained two lacerated injuries and an abrasion on his left ear and left leg and all those injuries were simple in nature. But however, the learned Assistant Sessions Judge having found from evidence that the sword was used in its blunt portion, held that the accused -petitioner was not guilty of the offence punishable under Section 307, I.P.C. but convicted the petitioner for offence punishable under Section 324, I.P.C. and sentenced the accused -petitioner to undergo rigorous imprisonment for a term of one year.