DASARATHA DEHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Dasaratha Dehury @ Tamkadu faced trial in the Court of the learned Addl. Sessions Judge, Jharsuguda in S.T. Case No. 3 of 2007 for the offences punishable under Ss. 341 and 307 of the Indian Penal Code for wrongfully restraining P.W.1 Dolamani Bagar and assaulting him by means of an axe on 03.10.2006 at about 7.30 p.m. in village Telia under Banaharpali Police Station in the district of Jharsuguda.

(2.) The prosecution case as per the First Information Report lodged by Ramhari Bagar (P.W.2) on 03.10.2006 before Officer -in -Charge, Banaharpali Police Station is that on that day at about 7.30 a.m. while his cousin brother Dolamani Bagar (P.W.1) was going to attend his work at Thermal riding a bicycle, all on a sudden, due to previous dispute, the appellant who is the neighbour of P.W.1 attacked him by means of a Tangia on his back and head and dealt three to four blows as a result of which P.W.1 sustained bleeding injuries and ran towards Bhagabat Tungi leaving the cycle at the spot to save his life. The appellant chased him holding the Tangia and in front of Bhagabat Tungi, Radhakanta Seth (P.W.4) and Dinabandhu Bagar (P.W.3) snatched away Tangia from the hands of the appellant. P.W.1 fell down becoming unconscious for which he was shifted to Thermal Hospital for treatment.

(3.) After submission of charge sheet, the case was committed to the Court of Session after following due committal procedure where the learned Trial Court framed the charge under Ss. 341 and 307 of the Indian Penal Code on 09.03.2007 against the appellant and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.