GOURANGA MOHAPATRA Vs. STATE
HIGH COURT OF ORISSA
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Panigrahi, J. -
(1.) The petitioner, Gouranga Mohapatra, has been convicted under Section 326, I. P. C. and sentenced to undergo rigorous imprisonment of six months and to pay a fine of Rs. 100/- in default, to undergo rigorous imprisonment of three months more.
(2.) The case against the petitioner was that he, was an employee in the M. & S. M. colliery at Talcher and that he bore a grudge against P. W. 1, Mr. N.K. Bhattacharya, the Assistant Manager of the colliery, as the latter refused to recommend him for promotion to the post of Munshi. It is said that on 20-11-49, at about 7-30 A.M. Mr. Bhattacharya (P. W. 1) was going round the colliery, as usual, and went to the Token Office in the course of his daily supervision work. It is said that at that time, the petitioner appeared with a pick-axe and gave him a violent stroke, on his left buttocks, resulting in a grievous injury.
(3.) The plea of the accused was that the whole prosecution case was foisted against him owing to differences between him and P. W. 1 and that he took no part at all in the assault against P. W. 1.;
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