PRAVAT KUMAR MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The accused assails the order of conviction and sentence under Section 307, IPC passed by the trial court and affirmed by the appellate court. The learned Assistant Sessions Judge, Bhanjanagar, who tried the case found him guilty of the said offence and sentenced him to suffer rigorous imprisonment for three years. On appeal the learned First Additional Sessions Judge, Berhampur, while upholding the conviction reduced the sentence to two years rigorous imprisonment.

(2.) Prosecution case, briefly, stated, is that on 23-5-1992 at about 9 p.m. Jayasen Meharana P.W. 8 while returning home from Bhanjanagar found the accused standing near his house with a spear locally known as 'Cadisa.' No sooner he crossed his house, the accused dealt a blow with the handle portion of the spear on his back, as a result he fell down, whereafter he stabbed on his chest causing injuries. Meanwhile Suresh Mishra, brother of the accused, arrived at the spot and tried to bring out the spear that had stuck on the chest of the injured, but he could not. The injured was then brought to his house where the spear was removed. Thereafter he was removed to Bhanjanagar Hospital where he was given treatment. On report being lodged, the police sprang into action, registered a case under Section 307, IPC and after usual investigation laid charge-sheet against the accused to stand his trial for the aforesaid offence.

(3.) The accused denied the prosecution allegation and pleaded innocence.