PRAKASH CHANDRA PRADHAN Vs. STATE

JUDGEMENT

(1.) THE petitioner has challenged the order of conviction and sentence dated 25.2.2005 passed by the learned Ad hoc Additional Sessions Judge, (Fast Track), Aska in Criminal Appeal No. 40 of 2004/Criminal Appeal No. 46 of 2003 confirming the order of his conviction dated 7.8.2003 passed by the learned Assistant Sessions Judge, Aska in Sessions Case No. 4 of 2000/S.C. No. 56 of 2000 under Section 307 IPC and sentencing him to undergo rigorous imprisonment for four years and to pay a fine of Rs. 5,000/ -, in default, to undergo rigorous imprisonment for one month. It is further directed that out of the fine amount of Rs. 5,000/ - a sum of Rs. 4,500/ - shall be paid to the injured -P.W.5 as compensation for the injuries caused to him as well as loss and harassment to him.

(2.) THE prosecution case, in nutshell, is that on 5.12.1997, the informant -injured had been to Bellaguntha Science College along with one Babula Pradhan to appear in +2 Arts Examination by a cycle. After the examination was over at 11.30 A.M., he found the accused -petitioner standing in front of the college. Thereafter, the accused -petitioner requested the informant -injured to visit Budhakendu temple and, accordingly, the informant accompanied him to the said temple, where they offered Puja and took Prasad. Thereafter, the accused -petitioner requested the informant to go to the house of his aunt at Kulongi. On the way, the accused -petitioner consumed a bottle of liquor (ginger) and suddenly brought out a knife and with an intention to kill the informant stabbed him on the back of his neck and then on his abdomen. In order to save himself, the informant tried to snatch the knife and in the process, he sustained injuries on his fingers of his both hands.

(3.) IN order to bring home the charge against the accused -petitioner, the prosecution examined as many as eleven witnesses on its behalf, out of whom, P.W.5 was the informant -injured and P.W.9 was the Doctor, who examined the injured on the date of the incident and found six injuries,. which were simple in nature. The defence has examined none.