KRUSHNA CHANDRA BEHERA Vs. STATE

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Second Additional Sessions Judge, Cuttack, in Criminal Appeal No. 53 of 1980, confirming the order of the Judicial Magistrate, Second Class, Cuttack in G. R. Case No 1366 of 1977, convicting the petitioner under Section 353, Indian Penal Code, and sentencing him to undergo rigorous imprisonment for two months.

(2.) THE gist of the prosecution case was that on 13. 6. 1977 Sri G. C. Lehka, Excise Sub -Inspector (P. W. 1) with his staff was patrolling at Govindpur Chhak under Tangi Police Station. At about 7. 30 A. M. a Land Master Car bearing registration number O. R. N. 903 approached the place. On suspicion the Excise staff stopped the vehicle. The petitioner was alleged to have come out with a sword and threatened to kill the staff in case the vehicle is searched. He aimed a blow at P. W. 1 with the sword, but the latter could escape being hit by dodging a little. Thereafter the Excise staff overpowered the petitioner and searched the vehicle. On search twelve tins of D. S. liquor were found from the car. The prosecution further alleged that while the petitioner was being escorted after being arrested he escaped from custody. After investigation charge sheet was submitted against the petitioner under Section 356/224, Indian Penal Code.

(3.) SRI B. B. Mohanty, learned counsel for the petitioner has raised two contentions, namely - -