SANTANU KUMAR SADANGI Vs. STATE

JUDGEMENT

(1.) JUDGMENT :- The appellant has challenged the order passed by the learned Additional Sessions Judge, Sambalpur, convicting and sentencing him under S.353, I.P.C. to undergo rigorous imprisonment for six months.

(2.) Prosecution case in brief is that the informant (PW 3) was working as Special Railway Magistrate posted at Kantabangha. The appellant, a civil court employee was working as his Orderly Peon. PW 3 along with his wife, Bench Clerk, the appellant, a boy servant aged 10 years and the requisite police force had gone to Rourkela in connection with his duties. On 11-3-1980 along with the persons named above, he was returning from Rourkela to Sambalpur where he had fixed up a camp court by 331 Up passenger train. He was occupying a coupe of the first class bogie along with his wife and the boy servant. Another compartment in the same bogie was occupied by the police staff, the Bench Clerk and the appellant. When the train stopped at Rengali Railway Station, some passengers got into a first class compartment without having any ticket. On being informed about it, PW 5 along with the T.T.E. (PW 6) and his Bench Clerk came to the compartment where the ticketless travellers were sitting, leaving his wife in the coupe. After finishing his work he returned to the coupe and was informed by his wife that during his absence the appellant had entered into the coupe and had attempted to bolt the door from inside. When she raised objection, the appellant came back, PW 3 saw the appellant in the corridor of the bogie and questioned him as to why he behaved in that fashion. The appellant, instead of feeling sorry and ashamed, threatened to assault PW 3. The train moved and stoped at Sambalpur Road Railway Station. When PW 3 was in the process of getting down from the train and was still in the corridor, the appellant brought out an open knife and attempted to stab and assault PW 3 by means of it. One of the constables, PW 4 caught hold of the appellant. On being prevented, the appellant assaulted PW 4 resulting in injuries. The other police personnel who were present intervened. PW 3 submitted a written report (Ext 3) about the incident, and after investigation of the case, charge-sheet was submitted against the appellant for having committed offences under Ss. 307 and 332, I.P.C.

(3.) The appellant admitted the entire prosecution case in his statement under S.313 Cr. P.C. except that he had denied having entered inside the coupe and making attempt to bolt the door from inside, threatened PW 3 at the first instance, brought out the open knife to stab and assault him at Sambalpur Road Railway Station later, and, when prevented, assaulted the constable (PW 4). In other words, he denied the main part of the occurrence.