NABAGHANA @ GHANASHYAM DIGAL Vs. STATE

JUDGEMENT

(1.) THE judgment dated 21.1.1989 passed by the Sessions Judge, Phulbani, Camp -G. Udayagiri, convicting the appellant u/s. 324 IPC and sentencing him to undergo R.I. for two years in S.C. No.8 of 1989 is assailed in this appeal.

(2.) ON the basis of an F.I.R. filed by P.W.7, the criminal action was set in motion and G.R. Case No. 69 of 1988 was registered against the accused persons for commission of offences u/ss. 451/307 IPC. The F.I.R. story reveals that while P.W.7 was taking his meals in his house at Sarakhole, the accused went there and knocked his door. The informant - P.W.7 allowed him to get in. It is alleged that in the room Tilottama Digal, P.W.2 to whom accused had divorced, was there. Accused wanted to talk to her. The informant allowed him to talk to his ex -wife (P.W.2) and went to take his meal. After some time accused asked him to convince P.W.2 to go with him to which the P.W.7 answered that he would talk to his P.W.2 and take her with him if she would like. Being enraged by such statement, accused picked up an axe kept in a corner of the house and gave blow with that on his head. At that time Tilotama, P.W.2 went outside and shouted. Hearing her hullah, P.W.3 Dwitikrishna Padhi, Bhaskar Misra and Biswambar Digal came to the spot and caught hold of the accused. During investigation of the case, the I.O. visited the spot, seized blood stained axe -M.O.I and other materials. The accused pleaded not guilty.

(3.) AFTER discussing the evidence in extenso, the Sessions Judge came to the conclusion that the accused out of a sudden provocation gave the blow. He had not brought the axe with him and as such the charge u/s. 451 IPC cannot be sustained.