SHYAMA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) :- The appellant (hereinafter referred to as the 'accused') calls in question legality of his conviction for offence punishable under Section 307 of the Indian Penal Code, 1860 (in short 'IPC'), and sentence of rigorous imprisonment for eight years and of fine of Rs. 200.00, in default to undergo rigorous imprisonment for one month more, as made and directed by the learned Assistant Session Judge Bhubaneswar.

(2.) A brief reference to the factual position as presented by the prosecution is necessary. On 2-6-1988, the accused, and three other persons (acquitted by the learned trial Judge) surrounded Braja Naik (P.W. 6). The accused attacked the said Braja with a Knife on the right plank of his body resulting in serious injuries. He was removed to Capital Hospital for treatment. Sankar Naik, father of Braja Naik, who examined as P.W. 1, was also attacked by the accused by knife when he tried to protect Braja, and he sustained injury on his right side Chest. Both Braja and Sankar were removed to the hospital for treatment. Thereafter the Doctor reported the matter to the Police and one Duryodhan Naik (P.W. 3) also reported the matter to the Police at Capital Police Station. Investigation was undertaken and charge-sheet was submitted.

(3.) All the four accused person pleaded innocence.