ABHIMANYU GHOSH Vs. STATE OF ODISHA

JUDGEMENT

(1.) This Revision has been filed challenging the order of conviction and sentence passed by the learned Assistant Sessions Judge, Chhatrapur on 19/1/1994 in Sessions Case No.41 of 1991, further confirmed by the learned Additional Sessions Judge, Berhampur vide his judgment dt.7/6/1995 passed in Crl. Appeal No.85 of 1994. Petitioner was convicted to undergo R.I for 3(three) years and to pay a fine of Rs.1,000.00, in default, R.I for 1(one) month for the offence under Sec. 307 of the Indian Penal Code and R.I for 1(one) month of the offence under Sec. 341 of the Indian Penal Code.

(2.) The prosecution story as narrated in the F.I.R is that the injured, a student of Class-V along with 3(three) of his friends had gone to collect Bambo on the eve of the Ganesh Puja celebration to the house of one Kama Ghosh. While they were outing, the present Petitioner was coming from the other side in a cycle. It is contended that without any reason and basis, the accused-Petitioner stopped at the spot, where the students had gathered and all on sudden by snatching away the Kati from the hand of the injured, assaulted him on his neck and shoulder, for which he sustained injury.

(3.) Learned counsel appearing for the Petitioner contended that Petitioner faced the trial before the learned Asst. Sessions Judge, Chhatrapur after being charged for the offence under Sec. 307/341 of the Indian Penal Code. It is contended that the prosecution in order to prove its charges against the Petitioner examined 7 nos. of P.Ws which includes P.W.2 as the injured, P.W.6 as the doctor, who examined the injured and P.W.7 as the I.O. P.W.3 is the friend, who had accompanied the injured and P.W.4 is the informant and father of the injured. P.W.1 is an independent witness and P.W.5 is a post-occurrence witness, who had disclosed the incident. The Defence also examined 2(two) nos. of witnesses.