RAMSN CHANDRA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is directed against the judgment passed by the learned additional Sessions Judge, Jeypore dismissing the Criminal Appeal No. 50 of 1993 (Criminal Appeal No. 152 of 1992 of the court of learned Sessions Judge, Jeypore)and confirming the judgment and order passed by the learned Additional Sessions judge-Cum-Subordinate Judge, Jeypore in s. C. No. 74 of 1991 (S. C. No. 292 of 1991 of the Court of Sessions Judge, Jeypore)convicting petitioner No. 1 under Section 337 of the I. P. C. and sentencing him to undergo R. I. for three months and to pay a fine of Rs. 200/-, in default R. I. for fifteen days; and petitioner No. 2 Sanjay alias Babuli under Section 307 of the I. P. C. and sentencing him to undergo R. I. for three years and to pay a fine of Rs. 1,000/-, in default r. I. for six months.

(2.) INFORMANT P. W. 1 is petitioner No. 1's estranged wife. Prior to the occurrence the informant was residing in a rented house separately from her husband. Petitioner No. 2 is informant's step son. Prosecution case, in brief, is that on 23-7-1991 at about 10. 00 a. M. , P. W. 1 asked petitioner No. 2 as to why he used to bolt the door of her house from outside. At this, petitioner No. 1 pelted stones causing injuries on her hand and head. The informant went and complained before petitioner No. l's uncle. Petitioner no. 1 arrived there and asked petitioner No. 2 finish her by stabbing. Petitioner No. 2 came out from the house with a knife and stabbed on P. W. 1's abdomen as a result of which P. W. 1 sustained injury and fell down senseless. She received treatment in the hospital. Receiving telephonic message regarding the incident, S. I. of Police, Jeypore Town p. W. 15 made Station Diary Entry and directed S. I. of Police P. W. 14 to verify the information. After regaining her sense in the hospital, P. W. 1 orally reported regarding the occurrence before P. W. 14. The report was reduced into writing by S. I. of Police P. W. 13 and treated as F. I. R. In course of investigation witnesses were examined and seizures including seizure of weapon of offence M. O. II were effected. On completion of investigation, charge-sheet was submitted against petitioners.

(3.) PETITIONERS took the plea of denial.