CHAMPESWAR RANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Champeswar Rana faced trial in the Court of learned Chief Judicial Magistrate, Sonepur in G.R. Case No. 109 of 1993 for offence punishable under section 324 of the Indian Penal Code. The learned Trial Court vide impugned judgment dated 22.04.1995 convicted the petitioner under section 324 of Indian Penal Code and order dated 08.05.1995 sentenced him to undergo R.I. for three months and to pay a fine of Rs.500/- (Rupees five hundred), in default, of payment of fine, to undergo further R.I. for fifteen days. The petitioner preferred an appeal in the Court of Session which was heard by the learned Addl. Sessions Judge, Balangir in Criminal Appeal No. 59/20 of 1995-97 and vide impugned judgment and order dated 27.03.1999, the learned Appellate Court has been pleased to uphold the judgment and order of the Trial Court and accordingly, dismissed the appeal, hence the revision.

(2.) The prosecution case, as per the First Information Report is that on 29.06.1993 at about 6.30 a.m. while P.W.2 Manoj Kumar Sahoo was working near the tube well of the Primary School of Kayapadar, at that point of time the petitioner came with a Tangia and dealt three successive blows to P.W.2. The first blow fell on the head of the injured and the subsequent two blows fell on his back. The occurrence was seen by one Shankar Bhoi (P.W.3) and subsequently, some more persons of the village congregated at the spot. On the basis of the written report presented by Dayanidhi Sahoo (P.W.1), father of P.W.2 at Kamsara outpost, A.S.I. of Police Santosh Kumar Pradhan (P.W.6) made a Station Diary entry and took up investigation of the case and sent the report to the officer in charge of Tarva Police Station, who on receipt of the same, registered Tarva P.S. Case No.43 of 1993 on 30.06.1993 and directed P.W.6 to investigate the matter. During course of investigation, P.W.6 examined the informant and other witnesses and sent the injured to Kamsara dispensary under police requisition. He seized a Tangia being produced by the petitioner and prepared seizure list. He arrested the petitioner and forwarded him to Court and on completion of investigation, he submitted charge sheet on 21.07.1993 under section 324 of the Indian Penal Code.

(3.) The defence plea is one of the denial and it was pleaded that due to previous dispute between the parties, the case has been foisted.