TOFAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal is directed against the judgment and order dtd. 15/5/1998 passed by the learned Additional Sessions Judge, Balasore, in S.T. No. 12/55 of 1997, arising out of G.R. Case No. 418 of 1996 for the offence punishable under Sec. 323 of the Indian Penal Code and sentenced the appellant to undergo rigorous imprisonment for a period of six months. The appellant was, however, acquitted of the charges under Ss. 294, 341, and 307 read with Sec. 34 of the Indian Penal Code.

(2.) Heard Mr. D. P. Dhal, learned Senior Advocate, for the appellant and Mr. Raj Bhusan Dash, learned Additional Standing Counsel for the State.

(3.) The prosecution case, in brief, is that on 9/4/1996, at about 5:30 a.m., when the informant, Rabindra Das (P.W.1), was proceeding along the village road, he was allegedly intercepted by the accused persons, including the present appellant. It was alleged that the accused persons abused him in obscene language, and that co-accused Umakanta Das brought out a bow and arrow from his house and handed over the same to the appellant, asking him to kill the informant. The appellant allegedly shot an arrow that struck the left side of the informant's flank, causing bleeding injury. The informant thereafter lodged an F.I.R., leading to investigation and submission of Charge-Sheet against the appellant and two others under Ss. 294, 323, 341 and 307 read with Sec. 34 IPC. Charges were framed against all the accused for the offence, as mentioned above.