KAMBHU DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Concurrent findings have been recorded by the trial and appellate Courts that on April 29, 1977, the petitioner Kambhu Das caused grievous hurt to Pabitramohan Sahu (P. W. 1) by means of an axe and that the other petitioner Gandharba Das voluntarily caused hurt to Sugriba Sahu (P. W. 10) also by means of an axe after a quarrel. The petitioner Kambhu Das has been convicted under Section 326 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for a period of one year and the petitioner Gandharba Das has been convicted under Section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of six months. The facts of the prosecution case and the plea of the defence have been set out in the judgments of the Courts below and need not be restated.

(2.) THE learned counsel for the petitioners has urged that after the occurrence, no report had been made to the police authorities by the victims or the witnesses to the occurrence and the injury sustained by the petitioner Kambhu Das which, as the evidence would indicate, had been caused during the occurrence, had not been explained by the prosecution and the trial Court committed an error of record that P. W 10 had explained the injury although he had not. It has been urged that a true picture had not been presented at the trial. - -

(3.) THE fact remains that no report had been lodged either by the victims or by any of the witnesses to the occurrence with regard to the occurrence and investigation had been started on the basis of a report made by the doctor (P. W. 7) as per Ext. 2. Thus no immediate report had been made by any one after the occurrence to the police authorities.