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1994 Supreme(Ori) 49

D.M.PATNAIK
RABI SAHU – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.K.SAHU, B.C.PANDEY, C.A.RAO, P.K.MISHRA, P.K.TRIPATHI, R.N.DAS MOHAPATRA, R.OSAHU

D. M. PATNAIK, J.


( 1 ) THE petitioner in this revision assails the order of conviction under S. 326, I. P. C. and sentence of R. I. for a period of two years and fine of Rs. 1,000/- in default to undergo R. I. for one year more.

( 2 ) THE prosecution case is that on 22-1-1988 about 3 p. m. when P. W. 6, the injured was coming out of the Jay Jagannath Cinema Hall of Itamati after witnessing the noon-show picture he was stabbed by the petitioner with a knife, which caused injury on the chest and abdomen. He became unconscious and subsequently the matter was reported to the police by his father (P. W. 2 ). The matter after investigation chargesheet was submitted, and the petitioner was convicted as already stated above.

( 3 ) THE petitioner denied prosecution case, as alleged. Though various contentions were raised by Mr. P. K. Misra the learned counsel for the petitioner, challenging the legality and propriety of the order of conviction and sentence and confirmation thereof, yet on examination of the evidence of P. W. 6 and his statement before the police recorded under S. 61, Cr. P. C. , I find material contradiction affecting the veracity of P. W. 6 when in the evidence P. W. 6


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