BAPI @ DIPAK MANGARAJ Vs. STATE OF ODISHA
LAWS(ORI)-2020-2-29
HIGH COURT OF ORISSA
Decided on February 29,2020

BAPI Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

S. K. Sahoo, J. - (1.) The appellant Bapi @ Dipak Mangaraj faced trial in the Court of learned 2nd Additional Sessions Judge, Khurda in S.T. Case No. 79/59 of 2013 for offences punishable under sections 224, 324, 332, 307, 294 and 506 of the Indian Penal Code. The learned trial Court vide impugned judgment and order dated 22.03.2014 though acquitted the appellant of the charges under sections 324, 332, 307, 294 and 506 of the Indian Penal Code but found him guilty under section 224 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one and half years.
(2.) The prosecution case, in short, is that on 24.01.2013 the appellant along with fifteen other under trial prisoners were brought to the Court for their production from Sub-Jail, Khurda. At about 2.30 p.m., the informant Prasanna Kumar Martha (P.W.1) who was the Havildar in charge of production of the U.T.Ps in the Court produced four of them including the appellant and while taking them back, the appellant escaped from his custody. P.W.1 chased the appellant. While the appellant was scaling over the boundary wall of the Court, P.W.1 tried to catch hold of him but at that time the appellant picked up a broken glass bottle and tried to kill him by assaulting with the same on his chest. The broken glass hit on the right hand of P.W.1 causing injury. The appellant managed to escape from the clutches of P.W.1 with force, causing removal of his shirt buttons. The police personnel present in Court as well as the police of Khurda police station along with P.W.1 chased the appellant but the appellant threatened them to kill showing broken glass. The appellant ran towards the Sub-Jail, Khurda by the side of Gita Bhawan but while he was jumping another wall, people caught hold of him. P.W.1 presented the report before learned S.D.J.M., Khurda which was forwarded to Khurda police station for registration and accordingly, Khurda P.S. Case No.30 of 2013 was registered under sections 224, 307, 324, 332, 294 and 506 of the Indian Penal Code. P.W.12 Kailash Chandra Sethi, Sub-Inspector of Police attached to Khurda police station, took up investigation of the case. During course of investigation, the I.O. seized the command certificate of the escort party, one khaki half shirt worn by P.W.1, one parrot colour old T. Shirt of the appellant having blood stain and one Ruchi spice open pouch containing chili powder. He arrested the appellant and sent him to D.H.H., Khurda for his medical examination with injury requisition and obtained the injury report. He recorded the statements of witnesses, visited the spot and prepared the spot map. He also examined the accompanying U.T.Ps. Ganesh Bemal, Mahindra Tangenia and Sankar Sasmal and recorded their statements and on 24.03.2013 on completion of investigation, P.W.12 submitted charge sheet against the appellant under sections 224, 324, 332, 307, 294 and 506 of the Indian Penal Code.
(3.) After submission of charge sheet, the case was committed to the Court of Session for trial observing due committal procedure where the learned trial Court charged the appellant under sections 224, 324, 332, 307, 294 and 506 of the Indian Penal Code and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.;


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