DAITARI SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) 20.7.98. - Heard.

(2.) THIS application under Section 482 of the Criminal Procedure Code, 1973 (in short, 'the Code') is disposed of at the stage of hearing on admission.

(3.) LEARNED counsel for the petitioner states that keeping in view the facts alleged, it appears that petitioner did not deal any blow whatsoever to the injured persons and apart from that the nature of the injury is simple hence cognizance for the offence under Section 307/34, IPC should not have been taken against him. In support of his contention, he relies on the case of Sarab alias Sarbeswar Pradhan and Ors. v. State of Orissa, (1995) 9 OCR 623 and Anil Kumar Chhotray and Ors. v. State of Orissa, (1996) 11 OCR 439. Learned Addl. Standing Counsel appearing for the State argues that the injury on the face had resulted in fracture of nasal bone and apart from that it is prima facie established that at the instance of the petitioners, the co -accused who is his son, assaulted the injured with an intention to kill. Therefore, a prima facie case under Section 307/34, IPC is well made out.