S.S. Hasan, J.

This petitioner has been ultimately convicted under section 824 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. Originally the trial court had convicted him under section 326 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two yean and also imposed a fine Rs.1000/- which was altered by the appellate court as stated above.

2. It is stated that the petitioner went near the place were the informant was sleeping and assaulted him with dagger causing serious injuries to the informant. The occurence is said to have taken place in the night of the 6th/7th. June, 1975 at about midnight.

3. Two points have been raised by the learned counsel for the petitioner. According to him, the case of the petitioner would be prejudiced due to the non-examination of the investigating officer. He bas brought to my notice the vital contradiction which has been mentioned in paragraph 6 of the petition. According to him, apart from the injured p.w.8, the only otherwise was p.w.2, who for the first time in court deposed to be an eyewitness. Before the police he, was a hearsay witness from p. w. 8 and it is stated that