ABHIRAM MUKHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner faced trial along with three others under Sections 325/307 read with Section 34, I.P.C, in S.T. No. 6/69 of 1989 is the Court of the Asst. Sessions Judge, Udala. The trial Court while acquitting the three co-accused persons, convicted the petitioner under Section 307, I.P.C. and sentenced him to undergo R.I. for five years and to pay a fine of Rs. 500/- in default to undergo R.I. for six months. In appeal, while maintaining the order of conviction the appellate Court has reduced the sentence to R.I. for three years and fine of Rs. 500/- in default to undergo R.I. for six months. The aforesaid order of conviction and sentence is under challenge in this revision.

(2.) The prosecution case, in brief, is that on 26-1-89 at about 6.30 p.m. all the accused persons came in a body and abused the informant (P.W. 1) in filthy language and when P.W. 4 tried to pacify them, the petitioner brought a knife and stabbed P.W. 4 on his abdomen. It is further alleged that the other accused persons assaulted P.W. 4 with Panikhi and Iron Pipe etc.

(3.) The plea of the accused persons was one of denial.