GUNA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present revision petition arises to of the order of conviction passed by both the courts below. The applicant was originally tried for the offence under Section 326/149 I.P.C., and also under Section 337 read with section 34 I.P.C., along with the other accused Birsan Bhai. He was sentenced to undergo R.I. for 3 years and to pay a fine of Rs. 500/-, in default to undergo further R.I. for six months under Section 326 I.P .C. On appeal the sentence was altered. In turn of Section 326 I.P.C., he was convicted under Section 324 I.P.C. and sentenced to undergo R.I. for a period of four months and pay a fine of Rs. 100/-, in default to further R.I. for one month.

(2.) The submission of the learned counsel for the appellant is that the appellate court having disbelieved the evidence of the Doctor examined by the prosecution, he should have completely disbelieved him on all counts. Further submission is that there is enmity between the parties. The third submission is that there was delay in lodging the First Information Report. The fourth submission is that the version of the defence witness who was cited as a prosecution witness ought to have been believed.

(3.) The learned counsel for the State refutes the arguments of the applicant and submits that the sentence passed against the applicant is proper and does not call for interference in revision petition.