ANANDA MOHARANA Vs. STATE

JUDGEMENT

(1.) The petitioner (hereinafter referred to as 'the accused stood charged under Section 307, I.P.C. in the Court of learned Assistant Sessions Judge, Nayagarh. Upon trial he was found guilty and convicted under Section 325, I.P.C. and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for a further period of six months. The said order of conviction and sentence was challenged in Criminal Appeal No. 152 of 1988 before the learned Sessions Judge, Puri who on reappraisal of the evidence, concurred with the findings of the trial Court and dismissed the appeal. He, however, modified the conviction of the accused from Section 325 to 326, I.P.C. but maintained the sentence.

(2.) The prosecution case unfurled during trial may be succinctly stated thus :

(3.) The prosecution in order to bring home the charge examined ten witnesses including the two injured and the Medical Officer. The learned trial Court mainly relying upon the evidence of P.Ws. 3 and 4 coupled with the medical evidence held the accused guilty under Section 325, I.P.C. and convicted and sentenced him as hereinbefore stated.