BIRANCHI GADTYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order Dated 18.05.1989 passed by the Addl. Sessions Judge, Bolangir in S.C. No. 2/2 of 1989 convicting the Appellant under Section 457/325 IPC and sentencing him to undergo rigorous imprisonment for one year on each count; the sentences to run concurrently.

(2.) THE case of the prosecution is that in the night of 22.06.1988, while P.W.4 was sleeping in her house, the accused -Appellant, who is the father -in -law of her son, trespassed into the house and having said that he would kill her, pressed her neck by both his hands and dealt fist blows on her. When her son (P.W. 3) intervened, the Appellant pushed him away. As her son raised alarm, the Appellant fled away. Due to assault, P.W.4 sustained injury on her neck and one of her teeth from the upper jaw was dislocated. Thereafter, P.W.4 was taken to the Chudapali P.H.C. and on police requisition she was medically examined. P.W.3 lodged the F.I.R. at Dungripali Out -post. Investigation followed, on completion of which charge -sheet was submitted against the Appellant.

(3.) IN order to prove its case, the prosecution examined as many as five witnesses and defence examined two witnesses in support of its plea.