MADHAB DIGAI Vs. STATE

JUDGEMENT

(1.) This is a revision petition against the judgment and order dated 4/05/1993 passed by the District and Sessions Judge, Phulbani, in Criminal Appeal No. 53 of 1992, arising out of the judgment and order dated 24-9-1992 passed by the learned Assistant Sessions Judge, Phulbani in Sessions Trial No. 53 of 1992 convicting the accused-applicant for the offence under S. 324, IPC, and sentencing him to undergo R.I. for one year.

(2.) According to the prosecution, on 15/16-1-1990 during the night Turu Mal, the wife of Bijoya Naik (P.W. 2) went outside the house to attend the call of nature. When there was delay in her coming back, P.W. 6, her mother-in-law, went in search of her and to her dismay she found Turu Mal in a compromising position with the accused-applicant. At the sight of P.W. 6, the accused-applicant fled away. Turi Mal returned home getting information of this fact from his mother, P.W. 2 got annoyed upon his wife and inflicted two slaps on her. On the next morning, P.W. 2 and P.W. 6 decided to convene a Panchayat in this respect. Hearing so, out of shame Turu Mal left for her parents' house. On the same day at 11 a.m. the accused-applicant came to the house of P.W. 2 and all of a sudden caught hold of his hair and cut his throat with the knife (M.O. 1). When P.W. 2, raised hulla the accused-applicant fled away. Immediately P.W. 2 was removed to Ranipadar hospital where from he was removed to Raikia hospital and then to District Headquarters Hospital, Phulbani where he was examined by Dr. Sudarsan Mishra (P.W. 8). On the same day, i.e., at about 6 p.m., P.W. 1 the brother of the injured, orally reported the incident before P.W. 9, the Officer-in-charge of Raikia Police-station.

(3.) The prosecution has examined as many as nine witnesses. But only P.W. 2 and P.W. 6 corroborated to each other and relying on the evidence of the doctor (P.W. 8), the learned Assistant Sessions Judge as well as the Sessions Judge has convicted the applicant as above.