Judgment :

S.S. Mishra, J.

1.The present Criminal Revision filed under Sections 401 and 396 of Cr.P.C. is directed against the judgment and order dated 02.08.2011 passed by the learned 1st Additional Sessions Judge, Berhampur in Criminal Appeal No.62/2010 (CRLA No.90/2007 GDC), whereby the judgment of conviction and order of sentence passed by the learned J.M.F.C., Patrapur in G.R. Case No.21 of 2003 has been confirmed.

2.The petitioner was subjected to prosecution in Jarada P.S. Case No.15 of 2003 for the offence punishable under Sections 294/326 of I.P.C.

3. The prosecution case in brief is that, on 16.02.2003 at about 7.00 A.M., the present petitioner being the accused constructed a temporary ridge on the danda, as a result of which, the water could not get drained out. When the wife of the informant came out from the house and opposed to construct the ridge, the accused uttered in obscene language and assaulted her by means of wooden plank, as a result of which her left eye was damaged. Thereafter, she was brought to Patrapur medical and subsequently referred to Somepetta medical. It was further alleged that due to the medical treatment of his wife, the informant lodged the F.I.R.b