DIBAKAR PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Dibakar Patra faced trial in the Court of the learned Ad hoc Additional Sessions Judge, Fast Track Court, Champua in S.T. Case No. 49/165 of 2010 for the offences punishable under Ss. 452 and 307 of the Indian Penal Code. The appellant was found guilty of both the charges and was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 20,000/ -, in default, to undergo simple imprisonment for one year for commission of offence under Sec. 307 of the Indian Penal Code. He was further directed to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/ -, in default, to undergo simple imprisonment for a period of six months for commission of offence under Sec. 452 of the Indian Penal Code. Both the substantive sentences were directed to run concurrently.

(2.) The prosecution case as per the First Information Report lodged by one Prafulla Patra (P.W.9) on 22.4.2010 before Officer -in -charge, Baria Police Station is that the appellant, who is the cousin brother of the informant, entered inside the house of the informant and assaulted the father of the informant namely Nanda Patra (P.W.8) by means of a 'bhujali' on the neck as well as on the belly repeatedly for which there was profuse bleeding and the injured was shifted to the hospital for treatment where he was fighting with life.

(3.) Basing on such First Information Report by P.W.9, Baria P.S. Case No. 18 dated 22.04.2010 was registered under Ss. 452 and 307 of the Indian Penal Code by P.W.10 Mallick Chandra Sahu, A.S.I. of Police attached to Baria Police Station in absence of the Officer -in -charge. P.W.10 examined the informant and other witnesses and recorded their statements under Sec. 161 Cr.P.C., visited the spot and prepared the spot map vide Ext. 4. After coming to know that the injured P.W.8 was hospitalized at the District Headquarters Hospital, Keonjhar, the I.O. issued injury requisition to the Medical officer, D.H.H., Keonjhar for submission of report. On 29.04.2010 the I.O. arrested the appellant and recovered a knife on the information of the appellant from his sister's house on being produced by him which was seized under the seizure list vide Ext. 1. The appellant was forwarded to the Court of the learned S.D.J.M., Champua. The I.O. seized the bed -head ticket of the injured from District Headquarters Hospital, Keonjhar under seizure list vide Ext. 2. After completion of investigation, charge sheet was submitted under Ss. 452 and 307 of Indian Penal Code on 7.7.2010.