NEMICHAND SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Revision filed under Ss. 401 and 396 of Cr.P.C. is directed against the judgment and order dtd. 16/7/2012 passed by the learned Sessions Judge, Nuapada in Criminal Appeal No.03 of 2010, whereby the order of conviction and sentence passed by the learned S.D.J.M, Nuapada in G.R Case No.105 of 2003/T.R. No.508 of 2003 was confirmed.

(2.) The petitioner was subjected to prosecution in Nuapada P.S Case No.36(5) of 2003 registered under Ss. 379/294/332/34 of IPC corresponding to G.R. Case No.105 of 2003.

(3.) The prosecution case in brief is that on 22/4/2003 at 5.30 P.M. Forest Guard of Kendubahal beat, namely Muralidhar Kumbhar (P.W.9) while returning after performing patrolling duty from Kendubahal Reserve Forest, on the way at Patalghutukuri road, he detected the accused-petitioners carrying teak logs by felling teak trees from the nearby teak plantation unauthorizedly. P.W.9, the informant intercepted them and attempted to detain for such unlawful act, but the petitioners are alleged to have hurled obscene words and questioned his authority for detaining them. Thereafter, the accused-petitioners assaulted him by means of Tangia and Farsha (axe), as a result which, the informant (P.W.9) fell down and lost his sense. After regaining sense, he went to village and informed the matter to the local gentries, who advised him to take legal action. Hence, he lodged a written report before Nuapada Police Station.