KAMAPALA DEBATA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard Mr. S.K. Behera, learned Amicus Curiae for the Petitioner and learned counsel for the State.

(2.) Assailing the judgment dtd. 19/3/2005 passed by the learned Ad hoc Addl. Sessions Judge, Fast Track Court, Keonjhar in Criminal Appeal No.75/60 of 2003/04 confirming the judgment dtd. 29/11/2003 passed by the learned Sub-Divisional Judicial Magistrate, Anandapur in G.R. Case No.212 of 1999 (T.C. No. 655 of 1999), thereby convicting the petitioner under Sec. 323 I.P.C. and sentencing him to undergo rigorous imprisonment for six months and to pay a fine of Rs.500.00 and in default thereof, to undergo rigorous imprisonment for two months.

(3.) Learned Amicus Curiae submits that the appreciation of evidence is ex-facie perverse which has been mechanically accepted by the learned Appellate Court. Hence, the matter merits consideration.