PURASTAM TRIPATHY PURUSATTAM PURIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Challenge in this appeal is to the conviction as recorded by the learned Asst. Sessions Judge, Kandrapaga for offence punishable under Section 307 of the Indian Penal Code, 1860 (in short, 'IPC') and consequently sentence of eight years rigorous imprisonment, and fine of Rs. 1000.00, with default sentence of one year rigor ous imprisonment. Purusottam Tripathy (hereinafter referred to be the 'accused') faced trial for having caused serious Adjuries on Digembar Rath (hereinafter referred to as the 'victim') with intention to take away his life.

(2.) Background facts as portrayed by prosecution in essence are as follows : On 3-1-1992 while the victim was going towards his shop in a bicycle suddenly the accused assaulted him with a sharp cutting weapon on his left leg, resulting in serious injuries. Information was lodged at Aul Police Station by Ombendra Kumar Rath (P.W. 1), a relative of the victim, investigation was undertaken and on completion thereof, charge sheet was submitted. The accused pleaded his innocence and false implication.

(3.) Prosecution examined thirteen witnesses to further is version while accused examined one to prove his innocence. Placing reliance on the evi dence of the victim (P.W. 1), informant (P.W. 10) and Doctor (P. W, 12), learned Asst. Sessions Judge found the accused guilty and convicted and sen tenced him as aforesaid.