GURIA GURUBARI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner assails his conviction under section 307 of the Indian Penal Code (for short, the I.P.C.') and sentence of imprisonment' for two years R.I. and fine of Rs. 500/- by the trial court and confirmed by the lower appellate court.

(2.) Prosecution case is, on 26.3.1989 around 7.30 p.m. while the injured (P.W. 8) was returning after attending call of nature, the petitioner with a Masua Katari (a sharp cutting weapon) attempted to dealt a blow aiming at his neck, but as P.W. 8 turned, it caused an injury on his backside close the neck and so he had a providential escape from death. It was further alleged that the petitioner also dealt a second blow causing another simple injury close to injury No.1. The petitioner in his defence denied the prosecution case.

(3.) Heard Mr. Debasis Panda, learned counsel appearing for the petitioner and Mr. S.S. Rao, learned Additional Standing Counsel.