DURGA SOREN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Durga Soren has preferred this appeal challenging the judgment and order dated 14.03.2012 passed by the learned Additional Sessions Judge, Rairangpur in S.T. Case No.34 of 2010 in convicting him under sections 307 and 448 of the Indian Penal Code and sentencing him to undergo R.I. for a period of ten years and to pay a fine of Rs.1,000.00 (rupees one thousand), in default, to undergo further R.I. for a period of one year under section 307 of the Indian Penal Code and R.I. for a period of one year under section 448 of the Indian Penal Code and directing both the sentences to run concurrently.

(2.) The prosecution case, in short, is that on 14/15.01.2010 during midnight while the injured P.W.9 Sarfa Soren was sleeping with her husband Gujai Soren (P.W.8) on the verandah of their house situated in village Bhulupahadi, Kuder Sahi under Rairangpur Rural police station in the district of Mayurbhanj, the appellant came there and dealt a blow by means of a Budia (axe) near the right ear of P.W.9 and also dragged her. When P.W.9 shouted, her husband (P.W.8) got up whereafter the appellant fled away from the spot. P.W.9 was shifted to S.D. Hospital, Rairangpur where he was treated by P.W.3 Dr. Debendra Nath Tudu, Asst. Surgeon. She was then taken to Baripada Hospital and Cuttack Hospital.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned Trial Court charged the appellant under sections 448, 307 and 506 of the Indian Penal Code on 05.10.2010 and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.