SIBARAM BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an appeal under Section 374(2) Cr.P.C. against the judgment and order dated 13.12.1989 passed by the learned Addl.Sessions Judge, Bargarh in Sessions Trial Case No.62/18 of 1989 convicting the appellant under Sections 324/328 IPC and sentencing him to undergo rigorous imprisonment for two years on each count.

(2.) THE case of the prosecution is that on 05.08.1988 the accused -appellant near the Bhukta bus stand met his friend -Sambaru Bhoi (P.W.1), who was then returning from Bhukta veterinary hospital after getting his bullocks treated. The accused -appellant suggested him to purchase rice so that both of them could dine together with fish fry being prepared by Bhagaban Das (P.W.2) at his home. P.W.1 purchased rice and made it over to P.W.2 for cooking. While P.W.2 was preparing food, both the accused -appellant and P.W.1 sat together and exchanged views. In course of their discussion, accused -appellant enquired about the ill health of P.W.1 and gave him some medicine in form of powder for restoration of his health. He also disclosed before P.W.1 about purchase of said medicine from a 'Sabar, which he was subsequently tested by the doctor at Ambhabana. Believing this, P.W.1 took the medicine and swallowed the same. Immediately thereafter he felt terrible burning sensation and shouted calling P.W.2 for supply of water. On getting water, he cleaned his throat by gargling. Despite that, his throat and tongue were swollen and he was not able to talk. With much difficulty, he went to his house on a bi -cycle and narrated the incident to his son (P.W.6), P.W.8 and others. P.W.6 immediately called the local doctor (P.W.5) who noticed injuries on the tongue and interior part of the pharynx. Just to relieve P.W.1 from pain, cow ghee was obtained from the house of P.W.8 and poured in his mouth. Thereafter, P.W.1 was taken to P.W.3, the Asst. Surgeon, Ambhabana dispensary. On the way to the dispensary, P.W.6 lodged FIR at Ambhabana P.S. From Ambhabana dispensary P.W.1 was shifted to V.S.S. Medical College, Burla where he was treated as an indoor patient. Police on receipt of the FIR, registered a case and started investigation and on completion of the same, submitted charge -sheet against the accused -appellant.

(3.) THE prosecution, in order to prove its case, examined as many as nine witnesses including three doctors and the I.O. Besides, it also proved three exhibits in evidence. None was examined on behalf of the accused -appellant. Learned Addl. Sessions Judge, who tried the case, by his judgment dated 13.12.1989 found the appellant guilty under Sections 324 and 328 IPC, convicted him thereunder and sentenced him as already indicated.