KAPILI SUDAM DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Kapili Sudam Das faced trial in the Court of learned Asst. Sessions Judge, Berhampur in S.C. No.41 of 1997 for offences punishable under section 394 and section 392 read with section 397 of the Indian Penal Code. The learned Trial Court vide impugned judgment and order dated 15.04.1998 found the petitioner guilty of all the charges and sentenced him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.1000/- (rupees one thousand), in default of payment of fine, to undergo R.I. for a period of three months more under section 394 of the Indian Penal Code. He was further sentenced to undergo R.I. for a period of seven years under section 392 read with section 397 of the Indian Penal Code. All the substantive sentences were directed to run concurrently.

(2.) The prosecution case as per the first information report dated 06.03.1996 lodged by one Prasanta Kumar Panigrahi (P.W.1) before the Officer in Charge of B. Sadar Police Station, Ganjam is that on 05.03.1996 at about 10.30 p.m. while he was returning home on his bicycle from Berhampur, near the village school, the petitioner obstructed him on the way being armed with a sword, abused him in filthy language and assaulted him by sword as a result of which he sustained injuries on different parts of his body. The petitioner took away cash of Rs.1,200/- (rupees one thousand two hundred) and also the wrist watch of P.W.1. While decamping from the spot, the petitioner threatened P.W.1 with dire consequence.

(3.) During course of trial, the prosecution examined ten witnesses.