BANDU @ MEGHANAD NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Jail Criminal Appeal is directed against the judgment of conviction and order of sentence dated 14.10.2009 passed by the learned Ad hoc Addl. Sessions Judge, Fast Track Court No.II, Khandhamal, Phulbani in S.T. Case No.24 of 2009/S.T. No.112 of 2008.

(2.) The appellant was found guilty for the offence under Section 394 IPC and he was sentenced to suffer R.I. for four years and to pay a fine of Rs. 500/-, in default to suffer a further R.I. for one month.

(3.) The occurrence happened at about 9.30 P.M. on 15.01.2006. Immediately after half an hour, F.I.R. was lodged in Baliguda Police Station and investigation was taken up by P.W.6. The informant-victim (P.W.2) was also medically examined on the same day by the Medical Officer (P.W.7) on Police requisition. The gist of the F.I.R. is that the informant (P.W.2) was returning to his house after collecting money from different persons towards cost of meat he had supplied. At that time, the present appellant restrained him and demanded "Dada Bati" of Rs. 500/-. The informant (P.W.2) replied that he has no money to pay him. Hearing such reply, the appellant gave him ? .. " fist blows resulting in uprooting of one of his tooth, then he gave him kick blow. When the informant (P.W.2) left the place by running out of fear, the appellant gave him a hot chase by holding a knife. Seeing the witnesses coming to the spot, the appellant decamped. On completion of investigation of P.W.6 filed charge sheet implicating the appellant in the offences under Sections 394/397 India Penal Code.