BUDA KIRSANI Vs. THE STATE

JUDGEMENT

(1.) In this appeal from jail, Buda Kirsani (hereinafter referred to as the 'accused') calls in question legality of his conviction for an offence punishable under Sec. 302 of Indian Penal Code, 1860 (in short, 'IPC').

(2.) Accusations which led to trial of the accused and conviction by learned Addl. Sessions Judge, Jaypora, Koraput and imposition of sentence of imprisonment for life essentially are as follows :

(3.) In order to bring home its accusations, prosecution examined seven witnesses. P.Ws. 1 and 6 claimed to be the eye witnesses to the occurrence. Placing reliance on their evidence, learned Addl. Sessions Judge found the accused guilty. He referred to the evidence of Doctor, which indicated one cut injury over the right and outer aspect of the abdomen just below the 10th rib of size 21/2 x 1" x 21/2".