IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No. 413 of 2006 An application under Section 401 of the Code of Criminal Procedure challenging the judgment and order dated 06.05.2003 of learned Judicial Magistrate First Class, Bargarh in G.R. Case No. 722 of 1997 (Trial No. 526 of 2001) and the judgment and order dated 20.06.2006 of learned Addl. Sessions Judge, Bargarh in Criminal Appeal No. 23 of 2003.

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1. Purna Chandra Hota

2. Ananda Sagar Hota (dead) ..… Petitioners -versus-

State of Orissa ..… Opp. Party ---------------------------------------------------------------------------

For Petitioners : Mr. Kamalakanta Sethi, Adv.

along with Mr. Ansuman Ray, Adv.

on behalf of Mr. D.P. Dhal, Sr. Adv.

For Opp. Party : Ms. S. Mishra, A.S.C.

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CORAM:

HONOURABLE MISS JUSTICE SAVITRI RATHO

JUDGMENT

30.05.2025 Savitri Ratho, J. This application under Section 401 of the Code of Criminal Procedure has been filed challenging the judgment and order dated 20.06.2006 passed in Criminal Appeal No. 23 of 2003 by the learned Addl. Sessions Judge, Bargarh confirming the conviction of the petitioners under Sections 326/34 of IPC and sentence to undergo R.I. for one year imposed by judgment dated

06.05.2003 of the learned Judicial Magistrate First Class, Bargarh in G.R. Case No. 722 of 1997 (Trial No. 526 of 2001).

During pendency of this Criminal Revision, the I.I.C.

Bheden Police Station confirmed that Petitioner No.2 Ananda Sagar Hota, father of Petitioner No.1 Purna Chandra Hota had died. So this Criminal Revision abates so far as Petitioner No.2 is concerned).

PROSECUTION CASE

2. The prosecution allegation in brief is that on 22.12.1997 at about 8.00 a.m., the accused Purna Chandra Hota assaulted the P.W.2, wife of the P.W.1 the informant by means of a Chapal. P.W.2 informed this to her husband, P.W.1 when he returned to his house around 11.00 a.m. When P.W.1 went to the accused and enquired about the cause of assault, Petitioner No.1 Purna holding axe and Petitioner No.2 Ananda holding lathi respectively abused him. Petitioner No.1 Purna dealt an axe blow to the head of P.W.1 and Petitioner No.2 Anand assaulted him with lathi. As a result of assault, P.W.1 sustained bleeding injury on his head and hand and fracture on his hand and fell down on the ground. P.W.3 and one Sankari Suna intervened and rescued P.W.1 from the clutches of the petitioners. P.W.1 lodged a report before the O.I.C., Bheden Police Station who registered the P.S. Case No. 97 of 1997 and directed ASI, L.N. Panda to take up investigation. During course of investigation the ASI, P.W.5 visited the spot, examined the witnesses, sent the injured for medical examination, seized the weapon of offence and received the injury report. After completion of investigation, he submitted charge sheet on 28.02.1998.

DEFENCE PLEA

3. The defence plea was of complete one of denial and false implication.

WITNESSES

4. During course of trial, in order to prove its case, the prosecution examined seven witnesses.

P.W.1 Brajabandhu Hota is the informant and injured.

P.W.2 Debahuti Hota is the wife of informant and eye witness to the occurrence.

P.W.3 Surubali Suna is the labourer who was engaged in construction work on that day.

P.W.4 Dr. Gopabandhu Thakur was Asst. Prof. of Orthopedic Surgery of V.S.S. Medical College and Hospital who had examined injured-P.W.1.

P.W.5 Netrananda Parida is the investigating officer.

P.W.6 Manbodh Sahu is a cultivator.

P.W.7 Dr. Brajakishore Mohanty is the medical officer attached to Bheden C.H.C. who examined P.W.1 and issued the injury report vide Ext.2.

The petitioner no.2 Ananda Sagar Hota examined himself as D.W.1. As stated earlier, he has died during pendency of this Revision.

EXHIBITS

5. The prosecution exhibited six documents. Ext.1 is the FIR, Exts.2 and 6 are the injury reports, Exts.3 and 4 are the discharge certificates and Ext.5 is the seizure list.

The defence exhibited one document. Ext.A is the