TANKADHAR NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision has been filed challenging the judgment and order dtd. 1/12/2005 passed by the learned Addl. District Judge, Nuapada in Criminal Appeal No.13 of 2004 confirming the judgment and order dtd. 6/2/2004 passed by the learned J.M.F.C., Khariar in G.R. Case No.111 of 1997/T.R. No.309 of 1997 convicting the petitioner under Ss. 323 & 341 of the Indian Penal Code (in short "IPC") and sentencing him to undergo S.I. for six months for the offence under Sec. 323 of IPC and to undergo S.I. for 15 days under Sec. 341 of IPC.

(2.) The prosecution case in brief is that on 2/6/1997 at about 8.00 P.M. while the informant (P.W.1) was coming with a wooden beam (rafter) for constructing his house, the petitioner restrained him and assaulted on his head and back with a lathi causing bleeding injuries on his head and swelling injury on his back. The incident was witnessed by one Dasmu Naik and Ganesh Majhi. The informant lodged FIR and a case was registered and investigation taken up by P.W.5 (I.O.). After completion of investigation, police submitted charge-sheet against the petitioner under Ss. -341, 323, 294 of the I.P.C. .

(3.) The plea of the defence was one of complete denial.