ASMAN BINDHANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant, here in this appeal calls in question the judgment and order of conviction and sentence passed against him in Criminal Trial No. 4 of 2004 on the file of the Asst. Sessions Judge -cum -Chief Judicial Magistrate, Nabarangpur. The learned Asst. Sessions Judge, Nabarangpur vide the impugned judgment of conviction and order of sentence held the appellant guilty of the charge under Section 307 of the Indian Penal Code (for short "I.P.C.") and sentenced him to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 1,000/ - and in default to undergo rigorous imprisonment for two years more. The prosecution placed before the trial court a case against the appellant as follows: -

(2.) THE trial court basing on the aforesaid materials, framed charge against the appellant under Section 307 of I.P.C. and as he denied the same, asked him to face the trial. On conclusion of the trial, the trial court basically relying on the evidence of the injured (P.W. 1) and also the other corroborative evidence of P.Ws. 2 to 7, returned the judgment and order of conviction and sentence, as stated earlier.

(3.) IN response, learned counsel for the State has supported the judgment and order of conviction and the sentence passed, as according to him, the injured who happens to be a close relation of the appellant, in no uncertain terms, deposed that the appellant assaulted him and the same is not covered by the exception as contended by the learned counsel for the appellant. Furthermore, it is submitted by him that the sentence imposed also appears to be proportionate to the facts and circumstances of the case and need no interference.