SANJAYA KUMAR TRIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal is directed against the judgment and order dtd. 31/8/2007 passed by the learned Additional Sessions Judge, Kendrapara in S.T. Case No.7 of 2006, arising out of G.R. Case No.624 of 2000, whereby the appellant, though acquitted of the charge under Sec. 307 IPC, was convicted under Sec. 323 Indian Penal Code, 1860-Sec. and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.1,000.00, in default to undergo simple imprisonment for two months.

(2.) Heard Mr. Ashreet Behera, learned counsel appearing on behalf of Mr. Manas Chand, learned counsel for the appellant and Mr. Raj Bhusan Dash, learned Additional Standing Counsel for the State.

(3.) The prosecution case in brief is that on 29/7/2000 at about 12 noon, the appellant assaulted the injured Aviram Dash (P.W.7) by means of a lathi near Dandachounra of village Adhanga, causing injuries on different parts of his body. The assault was allegedly preceded by threats and demand for money. The injured was admitted to District Headquarters Hospital, Kendrapara and treated as an indoor patient. After regaining consciousness, he narrated the incident to his father, following which the informant lodged a written report at Kendrapara Police Station. On the basis of the said report, Kendrapara P.S. Case No.207 of 2000 was registered and an investigation was taken up. On completion of the investigation, charge-sheet was submitted under Sec. 307 IPC. On stance of denial by the accused, he was put to trial on the charges as mentioned above.