BAPI @ DIPAK MANGARAJ Vs. STATE OF ODISHA

JUDGEMENT

(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.

(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.

(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.