MD. RAMJAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellants separately in above two jail criminal appeals have assailed the judgment of conviction and sentence passed by the learned Ad hoc Additional Sessions Judge, (F.T.C), Rourkela in S.T. Case No.151/47 of 2003.

(2.) PROSECUTION case is that on 14.10.2002 around 1.25 P.M. the appellants came with sword and revolver with the accused Santosh coming holding bhujali and they knocked at the door of the house of the informant, P.W.1. As the doors were not opened and instead the informant's wife asked the identity of the persons so knocking, there ensued exchanges of words and finally it is said that the appellants and the other accused broke open the door and forced their entry. It is said that the appellant Babujan gave blow by means of sword to P.W.1, Md. Samim, shouting to finish him as he stood as a police informer. It is next stated that the accused Santosh assaulted him by means of bhujali which was caught hold of and then appellant Ranjan showing the revolver at the wife of P.W.1 threatened Samim to return the bhujali which was so returned. It is further stated that appellant Babujan intending to murder P.W.1 though attempted a blow at his neck, the same being warded off saved the life of P.W.1. But P.W.1 sustained bleeding injury on his person for such assault by the appellants and the other accused by means of above noted dangerous weapons. Such severe injuries being caused on the person of P.W.1, his wife raised shout when the appellants and other accused fled away. P.W.1 on his way to hospital having presented the FIR to the police, necessary case was registered and on completion of investigation finally the appellants and the other accused faced the trial for offence under Sections 458/307/34 IPC and have been convicted and sentenced as stated above.

(3.) THE trial court on analysis of evidence both oral and documentary in the touch stone of the settled principle of law with regard to the appreciation of evidence in a criminal case has rendered the finding of guilt against the appellants and another for the offence under Sections 324/34 IPC and under Section 458 IPC and consequentially the sentence as stated above has been imposed.