MAHENDRA GIRI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The sole appellant has filed the present Criminal Appeal assailing the judgment of conviction and order of sentence dtd. 14/3/2001 passed by the learned Additional Sessions Judge, Rairangpur, District- Mayurbhanj in S.T. Case No.45/154 of 2000, whereby the learned Trial Court has convicted the appellant for the offences punishable under Sec. 324 of IPC instead of Sec. 307 of IPC though he was charged for that offence and sentenced him to undergo R.I. for three months and to pay a fine of Rs.2,000.00 (Rupees two thousand), in default, to undergo further R.I. for one month for the offence under Sec. 324 of IPC.

(2.) Heard Mr. Pratik Nayak, learned counsel appearing for the appellant and Mr. Sobhan Panigrahi, the learned Additional Standing Counsel appearing for the State.

(3.) The prosecution case as per the F.I.R. (Ext.1) lodged by the informant (P.W.1) is that on 27/4/2000 in the evening, there was a Namayogyan in Mandir premises of the village. On that day at about 8 P.M., the wife of accused Muralidhar Giri was quarrelling with the niece and wife of his elder brother. Hearing the quarrel, the injured Purusottam Giri attempted to pacify the matter. In the meantime, accused Mahendra Giri came to the spot by holding an axe and dealt blows on the right ear and neck as a result of which Purusottam Giri became senseless on sustaining severe bleeding injuries. Then the son of Muralidhar Giri dealt fist blows and kicks to the injured Purusottam Giri and attempted to kill him. They also abused by saying "SALA" etc. Hearing about the occurrence, when the informant came to the spot, he found that the accused Muralidhar Giri and one Samir Giri ran away. The informant and others took the injured to Hatabudala out post and lodged the report against the accused persons. Thereafter, he sent the injured to Rairangpur SubDivisional Hospital for treatment. The plea of the accused person is of complete denial.