Bijaya Kumar Agrawalla vs State of Orissa

P.K. Tripathy, J.—Order of conviction dated 15.7.1997 passed u/s 323, I.P.C. against the petitioner by the Judicial Magistrate First Class, Kantabanji in G.R. Case No. 101 of 1991 (T.R. No. 342 of 1991} and the confirming Judgment passed on 4.10.1997 by learned Additional Sessions Judge, Titlagarh in Criminal Appeal No. 12 of 1997 is under challenge in this Revision.

According to the case of the prosecution, on 18.9.1991 at about 9.30 P.M. petitioner with the co-accused misbehaved by using slang words to the victim Susil Kumar Jain (the informant) at the betel-shop of one Ashok Khamari and when the victim protested to such misbehaviour, he was assaulted by the petitioner. The trial Court found the allegation against the co-accused not proved so also the offence u/s 294, I.P.C. against the petitioner, but it found ample evidence to record the Order of conviction for the offence u/s 323, I.P.C. against the petitioner. The trial Court declined to grant benefit of P.O. Act because of the high-handed action of the petitioner and therefore sentenced him to undergo simple imprisonment for a period of one month. Learned Additional Sessions Judge, Titlagarh while confirming to the Order of conviction, also declined to modify the sentence by imposing the sentence of fine on the same ground (which was stated by the trial Court while declining to grant the benefit of P.O. Act to the petitioner).

Learned counsel for the petitioner states that in the meantime about fourteen years have elapsed and no useful purpose would be served by sentencing the petitioner to suffer imprisonment in the absence of criminal antecedents against him.

Regard being had to the aforesaid submission, this Court finds sufficient justification in that argument and that to when the Order of conviction is no more challenged. Thus, for the conviction of the petitioner for the offence u/s 323, I.P.C, in the aforesaid G.R. Case he is sentenced to pay a fine of Rs. 100/- (rupees one hundred) and in default to undergo simple imprisonment for a period of fifteen days. The fine be paid within a period of six weeks, failing which due process of law be employed against the petitioner.

The Criminal Revision is accordingly disposed of with the aforesaid modification in sentence.