DUSASAN BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner was placed on trial in the court of the Assistant Sessions Judge, Jagatsinghpur to face charge under Section 307, I.P.C. The learned Assistant Sessions Judge found the petitioner guilty under Section 324, I.P.C., convicted him thereunder and sentenced him to undergo rigorous imprisonment for one year. Against the said conviction and sentence, the petitioner preferred appeal and the learned Sessions Judge while maintaining the conviction of the petitioner under Section 324, I.P.C. directed his release under Sec. 4(3) of the Probation of Offenders Act.

(2.) Prosecution case is that on 4-2-1981 at about 6 p.m., the informant Charan Bhoi along with his younger brother Mahadeb (P.W. 8) returned home from the brickkiln. After sometime P.W. 8 left for the village temple of Astasavbhu. It is the allegation of the prosecution that while P.W. 8 was returning from the temple, the petitioner suddenly appeared at the scene and by means of a katari dealt blows on his neck as well as on the right jaw causing bleeding injuries. After sustaining the injuries, he fell down.

(3.) Plea of the petitioner was one of denial.