BIBHISAN BARIK Vs. STATE

JUDGEMENT

(1.) Petitioner calls in question legality of his conviction under Section 325 of the Indian Penal Code, 1860 (in short, IPC) and sentence of six months rigorous imprisonment as awarded by the learned Sub-divisional Judicial Magistrate, Kuchinda (in short, 'SDJM') and confirmed in appeal by the learned Additional Sessions Judge, Sambalpur.

(2.) Background facts are as follows : On 15-3-1988 in the evening petitioner (here inafter referred to as the 'accused') went to the house of Ram Prasad Khadia (P.W. 1) and de manded money, taken as advance for supply of broom sticks from his mother, Raibani Khadia (P.W. 4). She replied that articles had been sup plied already. Accused was enraged at this reply and abused her in filthy language. At this junc ture Sri Bachha Khadia (P.W. 7) arrived and tried' to intervene. The accused dealt a blow with bamboo stick which he was holding, on Sri Bachha's head which resulted in bleeding injury on his left eye. The injury was very serious in nature and virtually led to loss of eye-sight. The assault was witnessed by the informant (P.W. 1), Subarna Khadia (P.W. 2) and Jogendranath Pradhan (P.W. 5). One Mangulu Munda, who was accompanying the accused was also alleged to be responsible for the crime. Information was lodged at Madhupali Police Station by P.W. 1, upon which investigation was undertaken. On completion of investigation, charge-sheet was submitted. Both accused and Mangulu Munda faced trial for commission of offences punish able under Sections 323, 326, 294 read with Section 34, IPC.

(3.) Both accused and Mangulu pleaded inno cence and a plea was taken that the injury sustained by the injured was on account of a fall.