ANANTA SWAIN Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment of conviction passed in sessions Case No. 14/70 -G/42 of 1970 -G (G.D.C.)convicting the Appellant under Section 307, Indian Penal Code and sentencing him thereunder to R.I. for five years.

(2.) THE prosecution case, in short, is that the informant p.w. 1 the Sarapanch of Bansalundi Grama Panchayat, was returning on the date of occurrence (20 -4 -1970) at about 12 mid day from Bhanjanagar to his village on a cycle on the road just near the house of the Appellant, the Appellant came near the informant with a Kati (M.O.I.) concealed underneath his Chader and dealt one blow n his left temporal region. P.w. 1 fell down from his cycle, whereupon the Appellant dealt another stroke on his left ear. While p.w. 1 was getting on and was trying to snatch away the Kati from the hand of the Appellant, he sustained another cut injury between his right index and middle fingers. P.W. 1 however was successful in snatching away the Kati from the hand of the accused. Thereafter the accused ran inside his house and brought a Bhusa (M.O.II) to assault p.w. 1, but p.ws. 2, 3 and 4: who were nearby, intervened and the accused therefore went back to his house. P.w. 1 with p.ws. 2, 3 and 4 went to the police station and logged the F.I.R. (Ext.1). P.w. 1 also deposited the Kati, M.O.I., which he had seized from the possession of the accused, in the police station. The police subsequently seized the Bhusa M.O.II from the house of the accused after investigation and commitment proceeding, the accused was tried for an offence under Section 307, Indian Penal Code and he has been convicted and sentenced as stated above. 30 The accused 's plea is one of complete denial.

(3.) P .w. 1 the informant and p.ws. 2, 3 and 4 the other three eye witnesses ' to the occurrence have very consistently narrated the prosecution case as to how the accused dealt blows on p.w. 1 with the Kati M.O. I while he (p.w. 1) was going on a cycle dose to the house of the accused.