NRUSINGHA MALLICK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Nrusingha Mallick faced trial in the Court of learned Adhoc Additional Sessions Judge, Fast Track Court No. II, Cuttack in Sessions Trial No. 421 of 2006 for offence punishable under section 307 of the Indian Penal Code for assaulting Rabindra Kumar Mallick (P.W.2) on 28.02.2006 at about 8.00 a.m. at village Laxminarayanpur under Jagatpur Police Station with an intention to commit murder and also caused hurt to him. The learned Trial Court vide impugned judgment and order dated 10.01.2007 found the appellant guilty under section 324 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for three years.

(2.) The prosecution case, as per the First Information Report lodged by Nabakishore Mallick (P.W.1) on 28.02.2006 before the Officer-in-charge of Jagatpur Police Station is that on that day at about 8.00 a.m. while he along with his younger brother Rabindra Kumar Mallick (P.W.2) were going to the weekly market on a bicycle and P.W.2 was riding the cycle and P.W.1 was sitting as a pillion rider being a lame man, on the way all on a sudden the appellant assaulted P.W.2 by means of a spade on the head and other parts of the body as a result of which P.W.2 fell down on the ground. The injured sustained severe injuries on different parts of the body and became unconscious. Some of the persons namely, Dijabara Mallick, Narayan Mallick (P.W.3) and others came to the spot and found the appellant assaulting the injured. On the basis of such First Information Report, Shri Sunil Mohanty, S.I. of Police, who was the officer-in-charge of the Jagatpur Police Station registered Jagatpur P.S. Case No. 19 dated 28.02.2006 under sections 341 and 307 of the Indian Penal Code and directed P.W.8 Satrugnana Sethi, A.S.I. of Jagatpur Police Station to investigate the case. During course of investigation, P.W.8 examined the informant, visited the spot and prepared spot map Ext.5. He seized the weapon of offence i.e. spade (M.O.I) under seizure list Ext.2. The I.O. arrested the appellant on 28.02.2006 and forwarded him to the Court on 01.03.2006. He issued injury requisition in favour of the injured (P.W.2) and received the injury report. On 02.05.2006 he sent the weapon of offence to the Medical Officer for opinion and received the opinion vide Ext.4/1. After completion of investigation, he submitted charge-sheet against the appellant on 05.05.2006 under section 341, 323 and 307 of the Indian Penal Code.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned Trial Court framed charge against the appellant under section 307 of the Indian Penal Code on 21.11.2006. Since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prove his guilt.