PARAL @ ANIL KUMAR SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is the revision of the accused Anil Kumar Singh, who on his conviction under Section 307 of the Indian Penal Code has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/ - in default to undergo rigorous imprisonment for a further period of one year.

(2.) THE case of the prosecution, in brief, is that the Petitioner is the son of the elder brother of the injured. There was ill -feeling between them. On 21.4. 1999 at about 8.00 P.M. while the injured was returning home from the market with some grocery, the Petitioner suddenly assaulted him by a sword in presence of his wife, as a result of which, he sustained severe bleeding injuries. Some neighbours arrived at the spot on hearing the cry of the injured's wife and removed him to hospital for his treatment. Thereafter, the matter was reported to the Police Station.

(3.) IN order to prove its case, prosecution has examined as many as ten witnesses and defence examined none. P.W. 1 is the injured, P.W. 2 is the wife of the injured and an eye witness to the occurrence, P.W. 3 is the informant, P.W. 10 is the doctor who admitted and treated the injured in the hospital, P. Ws. 4 and 5 are the witnesses to the occurrence, P. Ws. 7 and 8 are seizure witnesses and P. Ws. 6 and 9 are the Investigating Officers of this case.