BIJOY KUMAR PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant by filing this appeal has assailed the judgment of conviction and the order of sentence dated 15.11.1993 passed by the learned Addl. Sessions Judge, Bhadrak in S.T. No. 119/44 of 1992. The accused faced the trial standing charged for offence under section 307 IPC. He having been found guilty has been convicted thereunder and has been sentenced to undergo rigorous imprisonment for a period of ten years.

(2.) The prosecution case, in short, is that on 3.7.1991 night, Sudhakar Panda, the injured examined in the trial as P.W. 6 was sleeping in the huller room. It was around 3.00 A.M. (4.7.1991), he heard knocking sound near the door. When he opened the door, the accused stabbed on his belly by means of a knife. Hearing the hullah one Pitambar (P.W.1) came to the spot and before him this P.W. 6 immediately told as to the act of the accused. Pravakar (P.W.3) with the help of Ramachandra and Satrughna then took the injured to Sahid Nagar Chhak wherefrom he was shifted to Govt. Hospital, Bhadrak. The matter being reported to OIC, Dhusuri Police Station around 10.00 P.M. in writing under Ext.1, P.S. Case No. 63 of 1991 was registered for offence under sections 324/307 IPC and investigation commenced. On completion of investigation, charge sheet having been placed, the accused faced the trial as aforestated.

(3.) During the trial, prosecution examined nine witnesses as against one from the side of the defence. The FIR, discharge certificate of P.W.6, bed-head ticket, station diary entry and some other documents have also been admitted in evidence from the side of the prosecution.