FAKIR SA Vs. STATE

JUDGEMENT

(1.) HEARD argument from the parties, hearing is concluded and the judgment is as follows.

(2.) ORDER of conviction against the appellant by learned Sessions Judge, Balangir in sessions Case No. 7 of 1990 is under challenge. Appellant was charged for the offence under Section 307, IPC on the allegation that he caused hurt on P. W. 7 Bilas Meher and her husband P. W. 2 Budhadeb Meher. For causing such hurt appellant allegedly used a sword. M. O.-I. P. W. 1, the adoptive father of P. W. 2 besides others were the eye-witnesses to the occurrence. P. W. 8 granted injury Certificates, marked Exts. 4/2 and 5/2, Accused took different defence plea, viz.

(3.) ON assessment of such evidence on record, learned Sessions Judge found that the occurrence of assault by the appellant on P. Ws. 2 and 7 with the use of sword M. O. I is proved by the prosecution beyond all reasonable doubt. Since the injuries were simple in nature and there was no evidence worth the name that the appellant attempted to commit murder of any of the injured persons, learned Sessions Judge acquitted the accused-appellant from the charge under section 307, IPC but found him guilty under section 324, IPC. After hearing the appellant on the question of sentence, learned sessions Judge imposed sentence of R. I. for six months with a direction to set off the period already spent as under-trial prisoner.