BANSIDHAR MALLICK Vs. STATE

JUDGEMENT

(1.) The petitioner (hereinafter referred to as 'the accused.) faced trial before the learned Assistant Sessions Judge, Kandrapara on a charge under Section 307 I.P.C. He was found guilty of the said charge and sentenced to suffer R. I. for five years and to pay a fine Rs. 1,000/- in default to undergo R.I. for one year more.

(2.) Being aggrieved thereby the accused preferred appeal before the Sessions Court and the learned Additional Sessions Judge, Kandrapara by judgment and order dated 6th March, 1995 upheld the order of conviction and sentence and dismissed the appeal. The petitioner has, therefore, saved this Court in revision.

(3.) The prosecution case, in short, is that the relationship between the complainant's family and that of the accused was a strained one for the use of water of a village well. A few days prior to the date of occurrence, the accused quarrelled with Manju, the daughter of the injured Sukadev for use of water of the said well which was taken exception of by the injured Sukadev. In resolve the dispute one Bhagyarathi Swain (P.W.1) was appointed as a mediator. While discussion was going on for settlement of the dispute between the parties, the accused entered into the house of the injured and assaulted his wife and daughter Manju. The injured Sukadev lodged an F.I.R. at Kendrapara Police-station against the accused and police was looking out for him.