ARIJIT PASAYAT, J.

( 1 ) PETITIONER Sk. Badar alias Badiruddin (hereinafter also referred to as the 'accused') calls in question legality of appellate judgment passed by the learned Second Addl. Session Judge, Puri finding his guilty of an offence punishable under Section 326 of the Indian Penal Code, 1860 (in short 'ipc'), convicting him thereunder and sentencing him to undergo rigorous imprisonment for three years, and to pay a fine of Rs. 2000. 00 in default to undergo further rigorous imprisonment for six months. The accused was convicted for an offence punishable under Section 307 IPC and was sentenced to undergo rigorous imprisonment for five years by the Asst. Sessions Judge, Khurda. The petitioner stood trial along with twenty six others for having committed various offences and causing injuries on police personnel while they were discharging duties as public servants.

( 2 ) FACTUAL matrix as presented by the prosecution is as follows: On 15-1-1992 at about 8. 30 p. m. the officer-in-charge of Tengi Police Station along with several other police personnel went to village Dikhitpada by a private truck to execute pending H. S. We against some of the villagers of that village