DUSMARIT KUMAR SINGH DEO Vs. STATE OF ORISSA

JUDGEMENT

(1.) Criminal Appeal Nos. 241 of 1986 and 236 of 1986 are taken up together for hearing as they have arisen out of one and the same judgment. Dusmant Kumar Singh Deo and A. Maheswar Rao filed criminal appeal No. 237 of 1986 while Sanjit Kumar Jam filed criminal appeal No. 241 of 1986. All the above mentioned accused - appellants were tried before the AddI. Sessions Judge, Jeypore and on conclusion of the trial accused Dusmant Singh Deo was convicted under section 323. I.P.C. and sentenced to undergo R.I. for four, months while accused A. Maheswar Rao was convicted under section 324. I.P.C. and sentenced to undergo RI. for one year. Accused Sanjit Kumar Jam was convicted under section 341. I.P.C. but was released under section 3 of the Probation of Offenders Act. Accused Dusmant Singh Deoand A. Maheswar Rao were also convicted under section 341, I.P.C. but no separate sentence was passed.

(2.) The prosecution case lies in a short compass and may be stated as under. On 25-8-1985 at about 9 p.m. the then Block Development Officer. Kashipur (P.W. 2) was returning home along with the Co-operative Extension Officer (since dead). When they reached near Harijan Sahi school, they were waylaid by the accused persons who dealt fist blows and thrusts on P.W.2 and pushed him into a roadside drain threatening him with dire consequences. According to the prosecution the accused persons also dealt blows on the Co-operative Extension Officer. Thereafter they left the place.

(3.) At about 12.30 a.m. in the night the informant (P.W.2) handed over the F.I.R. to the Officer inCharge. Kashipur Police Station at Kashipur P.H.C. where he had gone for treatment. The doctor noticed various injuries on his person including a suspected fracture on a nasal bone. The fracture was confirmed by X-Ray examination Accused Maheswar Rao was also medically examined on the same night and found to bear abrasions on his right knuckle and right little finger which were possibly caused by a blunt weapon. On the basis of the F.I.R. lodged by the informant a case was registered and investigation was started. Finally. Charge - sheet was submitted and the acsused persons faced trial before the AddI. Sessions judge.