The prosecution failed to demonstrate the requisite intent for attempted murder under Section 307 IPC, leading to its dismissal, while affirming conviction for grievous hurt under Section 325 IPC.

JUDGMENT :

S.K. Panigrahi, J.

1. In filing this Criminal Revision, the Revisionist/Petitioner has not only challenged the judgment of conviction and order of sentence dated 22.02.2024 passed by the learned Sessions Judge, Berhampur, Ganjam in Criminal Appeal No.37 of 2023, but has also challenged the judgment dated 10.08.2023 passed by the learned Assistant Sessions Judge-cum-Chief Judicial Magistrate, Ganjam Berhampur in S.T. No.31 of 2009.

I. FACTUAL MATRIX OF THE CASE

2. The brief fact of the case in brevity remains:-

(i) One Brundaban Sahu lodged an F.I.R/ report before the Nuapada Outpost alleging therein that on 30.05.2008 at about 4.30pm the accused Kalia Kunda @ Thesa Kalia fell down on the ground losing his balance on his motorcycle at Patrachudi. During that time, while his nephew Dusmanta Chandra Sahu tried to rescue him, the accused Thesa Kalia asked him as to whether he knows him. He also abused him and threatened to kill.

(ii) After some time while Dusmanta was at village B. Laxminarayanpur, the accused Thesa Kalia along with another person reached there holding bamboo Thenga in order to kill him and also assaulted him on his head and other body parts. When Akura Gouda tried to rescue Dusmanta, they had also abused him and assaulted him. Due to such assault, Dusmanta became senseless. On being informed about such incident, the informant came and took him to the M.K.C.G. Medical College and Hospital, Berhampur for treatment. Due to such assault Dusmanta sustained injury on both his hands. It was further alleged therein that the accused had demanded a sum of Rs.50,000/- from him.

(iii) On receipt of the report, the O.I.C of Nuagaon Police Station registered the F.I.R under Sections 341 /294/323/307/506/385/34 of the I.P.C being numbered as Nuagaon P.S. Case No.32 of 2008 against the Revisionist/Petitioner. Upon registration of the F.I.R. copy of the same was also forwarded to the court of the learned J.M.F.C, Digapahandi. Accordingly, G.R. Case No.116/2008 was also registered.

(iv) Thereafter, the Police personnel upon conclusion of the investigation as well as spot visit, on 20.09.2009 submitted the charge-sheet against the Revisionist/Petitioner as well as one Kuresh Gouda vide Charge-sheet No.63. Upon submission of charge-sheet the learned Magistrate took cognizance of the offences and thereafter, forwarded the case to the court of the Sessions as the offences involved were triable by the court of Sessions.

(v) It is pertinent to mention here that during course of trial the case of the accused Kuresh Gouda was abated vide order dated 27.05.2018. In order to prove its case, the Prosecution examined all the eight witnesses. P.W.1 is the seizure witness. P.Ws.2, 3 & 6 are the occurrence witnesses. P.W.4 is the complainant. P.W.5 is the injured victim. P.W.7 is the I.O. of the Case. P.W.8 is the Medical Officer, who examined the victim Dusmanta Chandra Sahu. On the other hand, none has been examined from the side of the accused.

(vi) Being appreciated with the evidences, the learned trial court came to the conclusion that the prosecution could not prove the case for the offences under Sections 341 /294/506 & 385 of the I.P.C. and accordingly, acquitted the Revisionist/Petitioner from those offences, but at the same time convicted the Revisionist/Petitioner for the offences punishable under Sections 307 /323 & 325 of the I.P.C. and sentenced to undergo R.I. for two years with fine of Rs.5,000/- or else in default to undergo R.I for five months for the offence under Section 307 of the I.P.C. No separate sentence was awarded for the offences under Sectio