PRAFULLA KUMAR SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, by filing this revision, has assailed the judgment dated 13.09.2001 passed by the learned Additional Sessions Judge, Angul in Criminal Appeal No.19 of 2000. By the said judgment, the appellate court has altered the conviction recorded by the trial court for the offence under section 326 IPC to one under section 324 IPC and has accordingly modified the sentence of rigorous imprisonment of two years and to pay a fine of Rs.2,000/- in default to undergo rigorous imprisonment for six months to a period of rigorous of one year.

(2.) The prosecution case, in short, is that on 2.10.1985 around 8 pm, when Uchhaba Sethi (P.W.2) was returning to his house from outside where he had gone to urinate, accused Kathi Sethi came from behind and suddenly caught-hold of him. It is alleged that then accused Prafulla (present petitioner) is stated to have dealt one axe blow on the right side of his face causing severe bleeding injury. In the trial, accused Kathi Sethi has been acquitted on the ground that the prosecution evidence is silent as regards as to any such role to have been played by him in the entire incident whereas accused Prafulla, who is portrayed as the assailant has been finally convicted for commission of offence under section 324 IPC.

(3.) The plea of the defence is that of complete denial and false implication.