JAKKA BHOGI Vs. THE STATE

JUDGEMENT

(1.) THE Petitioner has been convicted under Section 326 , Indian Penal Code and has been sentenced to undergo R.I. for two years.

(2.) PROSECUTION case is that P.W. 9 is a Lineman working in the Electricity Department and the Petitioner was working as his helper. During the period of incident, P.W. 9 had illicit connection with the wife of the Petitioner. On 4 -9 -1976 morning the Petitioner saw P.W. 9 with his wife in his house. Seeing the Petitioner, P.W. 9 fled away. At about 11.30 a.m. that day P.W. 9 was purchasing an electric switch in a stationery shop in Rayagada town. The Petitioner came from behind and stabbed him in front of that shop with a knife. P.W. 9 removed to the hospital with the stab injury and continued as an indoor patient for about a fortnight.

(3.) THE Seizure list shows that the knife M.O. I was seized on the road in front of a shop in the market place. The evidence at P.W. 11 relating to the seizure list is also to the same effect. P.W. 5 is the witness to the seizure list. He says that he was called to the police station and at that place the knife was already there and the Petitioner was inside the hazat and at that place he was asked to lend his signature to the seizure list. I will deal with this question while discussing the other evidence led by the prosecution.