KUNA MAHARANA Vs. STATE

JUDGEMENT

(1.) Though this case was listed far admission, at the request and with the consent of learned counsel for parties it is taken up for final disposal.

(2.) Petitioner faced trial for allegedly having committed offences punishable under Sections 448 and 325 of the Indian Penal Code, 1850 (in short, 'I.P.C.'). The accusations in short were that on 22-11-1992 at about 5 p.m. information was lodged by one Sarat Maharana that while he was on the village road, the accused-petitioner tried to beat him with a lathi. The informant caught hold of the said weapon to save himself, but the accused beat his wife Chanduri Maharana (P.W. 1). As a result of the assaults, she became sense-less. She was shifted to Khurda Hospital where she was referred to Capital Hospital for treatment. On the basis of information lodged, investigation was undertaken and charge-sheet was submitted on completion of investigation.The accused pleaded innocence and false implication.

(3.) Taking into consideration the evidence of informant, and injured and P.Ws. 9 and 10, who were stated to be eye witnesses, learned Magistrate found the accused guilty of the offence punishable under Section 325, I.P.C., but held that the prosecution has failed to prove the offence punishable under Section 448, I.P.C., and sentenced the accused to undergo rigorous imprisonment for two years, and to pay a fine of Rs. 1,000/-, in default to undergo R.I. for one year. In appeal the learned Additional Sessions Judge, Bhubaneswar maintained the conviction and sentence.