LAKSHYAPATI KUMAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present Criminal Appeal is directed against the judgment and order dtd. 28/2/2009 passed by the learned Additional Sessions Judge, Fast Track Court, Bhawanipatna, Kalahandi in Sessions Case No.78/64 of 2008 arising out of G.R. Case No.750 of 2007. By the said judgment, the learned trial Court found the appellant guilty of the offences punishable under Ss. 323/506 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for three months for offence under Sec. 323 of IPC, further R.I. of six months for offence under Sec. 506 of I.P.C. All the substantive sentences were directed to run concurrently with the benefit of set-off.

(2.) Heard Mr. Gopal Chandra Das, learned counsel appearing on behalf of Mr. Dhanjaya Mund, learned counsel for the appellant and Ms. Subhalaxmi Devi, learned Additional Standing Counsel for the State.

(3.) The case of the prosecution, as narrated in the First Information Report, is that on 28/12/2007 the complainant was serving as an A.S.I. of Police at Borda Outpost under Kegaon Police Station. On that day at about 2:45 P.M., while returning from village Matia along with Constable No. 646, Seshibhusan Mangraj, after conducting investigation in P.S. Case No. 89 of 2007, the complainant received credible information near Sapsilet Chhak that accused persons Lakhapati Kumar, Ranga Jued and their associates were making preparation to unlawfully dispose of foreign liquor. Acting upon such information, they kept a watch at Sapsilet Chhak.