KARTIKA MAHANANDIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Kartika Mahanandia faced trial in the Court of learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Jeypore in Sessions Case No.08 of 1997 for offences punishable under section 392 read with section 397 of the Indian Penal Code on the accusation that on 01.10.1996 at about 4.00 p.m. he committed theft of four nos. of cigarettes at village Mathalput Bazar and in committing such theft, voluntarily caused grievous hurt to B. Dillaswar Rao (P.W.2) by means of a glass jar.

(2.) The prosecution case, as per the first information report submitted by Judhistir Sahu (P.W.1) before the Inspector in Charge, Damanjodi Police Station is that P.W.2 had come to the house of the informant as a guest and on 01.10.1996 the informant had been to attend some other work leaving P.W.2 at his betel shop situated at Mathalput Bazar. At that point of time, the petitioner came there and asked P.W.2 for cigarettes. P.W.2 refused to give cigarettes as the owner of the betel shop was not available. The petitioner forcibly took four cigarettes and picked up a glass jar from the shop and dashed it on the face of P.W.2 for which one tooth of P.W.2 was broken.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure, where the learned Trial Court charged the petitioner under section 392 read with section 397 of the Indian Penal Code and since the petitioner refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to establish his guilt.