DOLAMANI PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant Dolamani Pradhan faced trial in the Court of learned Addl. Sessions Judge (F.T.C.), Bargarh in Criminal Trial No. 151/28 of 2008 for offence punishable under section 307 of Indian Penal Code for attempting to commit murder of Nabin Pradhan (P.W.7) by means of an axe on 15.5.2008 at about 10 p.m. at village Nua Tingipali.

(2.) THE prosecution case, as per the First Information Report lodged on 15.5.2008 by one Kanhu Charan Pradhan (P.W.1) before the Officer -in -charge, Barpali Police Station is that on that day at about 8.00 p.m. while the informant was watching IPL Cricket Match on TV along with other co -villagers in front of the house of Pradip Sahu, the appellant who is a co -villager of the informant came there at about 10.00 p.m. holding a tangia and assaulted Nabin Pradhan (P.W.7) on his head and back from his backside due to previous enmity. At that time the persons who were sitting by the side of P.W.7 namely, Debadutta Pradhan (P.W.3), Shayamsundar Pradhan (P.W.4) and the informant caught hold of the appellant for which P.W.7 was rescued.

(3.) AFTER submission of charge -sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned trial Court charged the appellant under section 307 of Indian Penal Code on 18.10.2008 and since the appellant refuted that charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.