CHUTIA ALIAS NARENDRA ROUT Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 6.12.1988 passed by the learned 1st Additional Sessions Judge, Cuttack in convicting the appellant under Section 304, Part II, IPC and sentencing him to undergo R.I. for two years in S.T. No.182 of 1987.

(2.) LEARNED Government Advocate has taken me through the evidence on record. It appears from the evidence on record that while the appellant was digging a drain for drainage of water accumulated in his house, there was some altercation and tussle between the appellant and the deceased. At that time the appellant assaulted the deceased at his chest with the handle of the spade with which he was digging the drain.