TARINISEN DIGAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant assails the order of conviction under Sections 307 and 324 of the I.P.C. and sentence of two years R.I. under Section 307 of the I.P.C. passed on 21.3.1989 in Sessions Case No.32 of 1988 by the Sessions Judge, Phulbani.

(2.) The fact of the prosecution bereft of unnecessary details is that on 3.11.1987 at 3.30 P.M. the informant Sahadev Digal went to Panchayat Office for purchase of rice and while he was returning at 4.00 P.M. to his house along with co-villagers Thomas Chhatia and Govinda Chhatia he noticed accused Tarinisen Digal (hereinafter referred to as the appellant) standing near his house armed with a sword and was shouting to kill him. Apprehending untoward incident and danger, informant went to the nearby shop verendah of Rabi Chandra Behera without proceeding towards his house. The appellant came near the shop of Rabi Chandra Behera and raising his sword he rushed towards him to stab him. At this, the informant caught hold of the sword with his hand and in the result he sustained bleeding injuries in his palm. The accused snatched the sword and while he was trying to assault him, he escaped towards the Panchayat Office. The matter was reported to police at Raikia P.S. On receipt of such information, the police registered a case under Section 307 and 326 of the I.P.C., took up investigation and submitted charge sheet. The accused was charged under Section 307 and 324 of the I.P.C. and pleaded not guilty to the charges. He faced the trial and on conclusion of the trial was convicted and sentenced as noted above. The prosecution, as I find, examined as many as 7 witnesses and the defence examined none.

(3.) Out of the P.Ws. examined, P.W.1 is the doctor, who had examined the injured on 4.11.1987 at 9.00 P.M. on police requisition found as many as five incised wounds of different dimensions of 1-1/2", 1/2", and 3/4" and issued injury report Ext.1. According to the doctor, all the injuries are on the palmer side of right hand, simple in nature and probably caused by sharp cutting weapon. P.W.2 is the informant himself who has corroborated also the F.I.R. version regarding attempted assault on him which he averted catching hold of the sword and sustained injuries in his right hand. He has also stated that when the second blow was attempted, he ran away and saved himself. It is stated by him that soon after the incident he went to the Raikia P.H.C. for his treatment and only on the next day morning he went to Raikia P.S. and reported the incident by lodging F.I.R. He has categorically stated in the cross examination that on the next day at 8 to 9 A.M. he lodged F.I.R. at Raikia Police Station and he was sent to Raikia P.H.C. by the police on that day in the evening at 5 to 6 P.M. Para-7 of the cross-examination he has stated that by the first blow dealt by the accused he sustained injury in his hand. P.W.3 is Thomas Chhatia. He has stated that at the time they came, the appellant was shouting in the village and the P.W.1 was sitting on the verandah of Rabi Chandra Behera. He saw the appellant came there with the sword after which he heard some hullah and found bleeding of the P.W.1 escaped from the spot. P.W.4 is the shopkeeper Rabi Chandra Behera. He has almost corroborated the fact of the appellant coming with sword and shouting at the informant and when the appellant was about to assault P.W.1, P.W.1 caught hold of the sword and as the appellant snatched away the sword P.W.1 sustained injuries in his palm. The evidence of P.W.5 is relating to subsequent occurrence by this appellant, whereby the appellant picking up quarrel with the P.W.5, went to his house, brought the sword and while was assaulting P.W.5, he caught hold of the sword and sustained injuries in his left palm. P.W.6 is the witness to the subsequent assault on P.W.5 and deposed about the snatching away for the sword from the appellant along with Others and keeping it with him and producing the same before the police on the following day. P.W.7 is the I.O. who investigated the case and submitted charge sheet.