GOVINDA CHANDRA PADHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal from jail arises out of a judgment of conviction for the offence under section 326, I.P.C. passed by the Additional Sessions Judge, Bhadrak in Sessions Trial No. 18/87 of 1990. The appellant has been sentenced to undergo rigorous imprisonment for three years for the said offence.

(2.) P.W. 5 the victim girl is the daughter of P.W. 6. The appellant after marrying the elder sister of P.W. 5 was living in her house as domesticated son-in-law for some time, cultivating the lands of her mother-in-law. On account of quarrel, later he lived separately with his wife.

(3.) The prosecution case in brief is that P.W. 6 wanted to sell some lands to get P.W. 5 married. The appellant did not agree to the proposal and instead expressed that he would himself marry P.W. 5. P.W. 6 did not agree to such idea and after a quarrel, the appellant lived separately from P.Ws. 5 and 6. Then on 28.7.1990 at about II A.M. when P.W. 6 was absent from her house, the appellant called P.W. 5 and when she did not comply, he lifted her from the kitchen to another room where he made her lie on the floor and picking up a Kodala from the comer of a room attempted to assault her by means of the same. P.W. 5 however caught hold of the same and snatched it from his hand. The appellant snatched back the Kodala from the hand of P.W. 5 and then bringing a bag of rice pressed it on her body and sitting on her waist and folding both her hands by means of one of his hands gave Kodala blows by means of his other hand. As a result of such assault she sustained cut injuries on her right hand palm and left hand. P.W. 5 was then taken to Tihidi Community Health Centre where the Doctor, P.W. 10 gave some treatment and hurriedly sent the injured to the Sub-Divisional Hospital, Bhadrak. Then P.W. 5 was admitted and. treated by P.W. 7, the Orthopaedic Specialist, P.W. 5 was ultimately discharged from Bhadrak Hospital on 13.8.1990.