STATE OF ORISSA Vs. SADINI DEI

JUDGEMENT

(1.) Both these appeals are directed against the common judgment and order dated 11.12 1981 passed by the learned Addl Sessions Judge, Bhawanipatna, in Sessions Case No. 24/23 of 1981 by which Sadini Dei, appellant in Criminal Appeal No. 1 of 1982, has been convicted under Section 326, IPC and sentenced to undergo R. 1. for one year.

(2.) BOTH the appeals were heard together and one set of argument was advanced by learned counsel appearing on both sides. Hence, this common judgment will govern both the appeals.

(3.) A thumb -nail narration of the facts leading to the present appeals is that Sadini Dei, appellant in Criminal Appeal No 1 of 1982, and P. W. 1 Sajani Dei are the two wives of P. W. 3 Sankirtan Patra. On the date of occurrence (9. 9. 1980) while P. W. 3 had slept with his two wives, i. e., P. W. 1 and the appellant, in one room closing the door from inside, at about dawn, the appellant inflicted a blow with a Tangia (M O. I) which hit P. W. 1's head on the right side just below the ear as a result of which P. W. 1 sustained an incised wound. P. W. 1 who was asleep at that time raised a cry and on hearing her cry, P. W. 3 got up and found that the appellant was sitting on a cot inside the room with the Tangia in her hand besmeared with blood. P. W. 3 caught hold of her and snatched away the Tangia from her and raised an alarm. Hearing his shout, P. W. 2 Tankadhar Patra and P. W. 4 Ananraram Patra came to the spot and saw that appellant Sadini was going away. Immediately after the occurrence, P. W. 3 went to Mohangiri Outpost and reported about the incident which was recorded in the station diary by the Constable -in -charge in the absence of the Officer -in -charge of the Outpost That station diary entry is Ext -7. Thereafter when P. W. 3 and others were proceeding towards the Madanpur -Rampur Police Station, on the way they found P. W. 6, Officer -in -charge of Mohangiri Outpost. They gave him the first information there. P. W. 6 instead of coming to the Outpost went to the place of occurrence and made a preliminary investigation. He examined P. Ws. 2, 3 and 4. As P. W. 1 was found to be in a, serious condition as a result of the injury, she was sent on police requisition to the Madanpur -Rampur hospital where she was examined by the doctor P. W. 5. The appellant who also had some injuries on her person was sent to the said hospital for examination. She was also examined by the doctor P. W. 5. After the preliminary investigation by P. W. 6, the charge of investigation was taken over by P. W. 7, Officer -in -charge, Madanpur -Rampur Police Station. After completion of the investigation. Sadini was charge -sheeted under Section 307, I. P. C. and put on trial.