RAMA CHANDRA MOHARANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Rama Chandra Moharana along with co-accused Ajaya Maharana faced trial in the Court of learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Khurda, Camp-Bhubaneswar in S.T. Case No. 227/47/341 of 1997/96 for offence punishable under section 307 read with section 34 of the Indian Penal Code. The learned Trial Court vide impugned judgment and order dated 03.11.1998 found the petitioner and the co-accused guilty under section 307 of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for five years.

(2.) The prosecution case as per the First Information Report lodged by Dibakar Rout before the officer in charge of Balianta Police Station is that on 23.3.1995 at about 6.00 p.m. while the younger son of the informant Pramod Kumar Rout (P.W.10) was returning home along with his niece in a scooter, near Badapokhari of the village, the petitioner along with coaccused Aju @ Ajaya Maharana wrongfully restrained him being armed with sword and bhujali. When P.W.10 stopped the scooter, co-accused Aju caught hold of P.W.10 from his back and the petitioner assaulted P.W.10. Hearing cries of P.W.10 and also his niece, the passer-by arrived at the spot for which the accused persons fled away. P.W.10 was lying on the spot in an unconscious manner with bleeding injuries. He was shifted to Balkati Hospital and then to S.C.B. Medical College and Hospital, Cuttack for treatment. The informant indicated in his First Information Report that number of persons who were present at the spot including Bipin Samal (P.W.2) and Madan Sethi (P.W.1) had seen the occurrence and as a result of the assault, P.W.10 sustained injuries on his head, hands and nose.

(3.) After observing due committal formalities, the case of the petitioner was committed to the Court of Session for trial where the learned Trial Court framed charge against the petitioner under sections 307/34 of the Indian Penal Code on 25.09.1996 and since the petitioner refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.