SARAT DIP Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant has sought to file the present appeal challenging the order of conviction as well as the sentence recorded by the Addl. Sessions Judge, Sambalpur in Sessions Trial No. 4/45 of 1989 convicting the appellant under Section 458 of Indian Penal Code and sentencing him to undergo R.I. for a period of one year.

(2.) THE case of the prosecution is based on the F.I.R. lodged by one Sri Gangadhar Satpathy, the Forester, on 18.10.1988 at about 8.00 A.M. before the Officer -in -Charge, Dhama Police Station. It is alleged that the present appellant came to the quarters of the informant (P.W.1) who was the Forester at Larasara. At that point of time, it is stated that the informant was preparing himself to go to bed after taking his dinner. It is alleged that the accused -appellant broke upon the door, entered into the house and abused the informant with filthy language. The further case of the prosecution is that the accused allegedly pressed the throat of the informant and showing the informant three cartridges, stated that he has obtained the same in order to kill him.

(3.) ON a perusal of the judgment impugned, it appears that on the basis of the findings recorded in paragraph -8 of the Judgment, the trial Court came to hold that "there is no evidence that the accused had entered into the quarters of the Forester, caught hold his neck and pressed his throat or attempted to stab the Forester with a knife". The trial Court also further came to hold that "the prosecution has failed to establish that the accused had removed any cash from the room of the informant and accordingly, came to hold that the prosecution has failed to substantiate the charge under Sections 307 and 380 I.P.C.