RATNAKAR BHUYAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The conviction of accused under section 326 IPC and sentence to under go R.I. for a period of three years and to pay a fine of Rs. 1000/- in default to under go R.I. for a period of two months passed by Addl. Sessions Judge, Khurda on 25.1.1996 in Criminal Appeal No.96/41/147of 1995/1992/1991 is challenged in this revision.

(2.) The Appellate Court had modified the conviction of accused under Section 307 IPC by the Trial Court vide judgment dated 13.11.1991 and passed the above order.

(3.) The prosecution case in short is that on 03.07.1989 at 6:00 P.M. injured Ajaya Kumar Bairiganjan, P.W. 7 while returning in a bicycle to his house, near his village Society Office, accused his covillager, suddenly stabbed him by means of a knife causing injury on his left side chest and fled away. His father immediately shifted him to Olasingh Hospital but being referred to in the same night, he was taken to Capital Hospital, Bhubaneswar and then to S.C.B. Medical College & Hospital, Cuttack. He was discharged after ten days on 13.7.1989. On the lodging of FIR by the father on next date at 6:00 P.M. Jankia P.S. Case No.91 of 1989 under Section 324 IPC was registered, investigation was ensued. On 02.08.1989, the injured filed a complaint case. In course of investigation on police requisition, medical opinion was obtained and charge sheet was filed under section 307 IPC. In defence the accused abjured the charge stating that due to village party faction this case was falsely foisted at the instance of Sarpanch.