In order to establish an offense under Section 307 of the IPC, the prosecution must prove that the accused's act was done with the intention or knowledge that it would have amounted to murder if death had resulted.

R. K. PATRA, J.

( 1 ) THE petitioner and two of his associates were tried on Charges under Ss. 149/307, 149/323 and 380/34 of Indian Penal Code (for short, 'ipc'), in Court of the Assistant Sessions Judge, Sambalpur. The learned Trial Judge acquit ted petitioner's associates under S. 232, Cr. P. C. He did not find the petitioner guilty of the offences under Ss. 149/323 and 380/34 of IPC. The petitioner was, however, found guilty under S. 307 of IPC and convicted thereunder. He was sentenced to undergo rigorous imprisonment for three years. Against the said conviction and sentence, the petitioner pre ferred appeal before the learned Sessions Judge, Sambalpur which ended in dismissal. Hence this revision.

( 2 ) WHILE admitting, this revision, this Court by order dated 20-7-1987 issued notice to the petitioner calling upon him to show cause as to why the sentence shall not be enhanced.

( 3 ) BRIEFLY stated, the prosecution case is that on 4-12-1982 at about 5 p. m. a Matador F. C. vehicle came from Sambalpur side and stopped on the main road of village Thalkuli. About 20 to 25 persons between the age group of 20 to 30 years including the petitioner got down from the vehicle. They were armed with deadly weapons like knives, iron rods and thengas. They first surrounded Bhagirathi (P. W. 1), Arjun (P. W. 3), Sudhansu (P. W. 4), Bharat (P. W. 5), Nirakar (P. W. 10) and some others who were standing near a hotel and started assaulting them. Out of fear of life, the victims ran helter skelter. In that process P. Ws. 1 and 4 entered inside a nearby grocery shop. Some of the culprits forcibly entered inside the shop and pulled out P. Ws. 1 and 4. It is the allegation of the prosecution that the petitioner by means of a knife held by him dealt a blow on the left side chest of P. W. 1. Another culprit assaulted P. W. 4 by means of iron rod. As a result of such assault, both P. Ws. 1 and 4 fell down. The culprits thereafter left the place of occurrence. P. W. 4 lodged FIR at Jharsuguda police station at about 5 -45 p. m. on the same day.

( 4 ) THE plea of the petitioner was one of denial.

( 5 ) THE conviction of the petitioner is based on the evidence of the injured (P. W. 1) and P. W. 3 (eye witness) and the evidence of the doctor, P. W. 7.

( 6 ) LEARNED counsel for the petitioner first con tended that the conviction under S. 307 of IPC cannot be sustained in view of the discrepancy in the evidence. P. W. 7 is the doctor who examined P. W. 1 on police requisition on the date of occurrence at about 7-15 p. m. Ext. 5 is the injury report. We may at this stage note the perfunctory manner in which the learned Assistant Sessions Judge recorded the evidence of the doctor. By merely marking the injury report as Ext. 5 he remained satisfied without eliciting evidence from the doctor in respect of the injury. The contents of Ext. 5 should have been put through the mouth of the doctor P. W. 7 which the learned Assistant Sessions Judge has failed to do. The injury report Ext. 5 shows that P. W. 1 had sustained the following injuries on his person. "1. One lacerated injury scalp. 1-3" margins irregular and gaping. 2. One incised wound 1-3/4 " margins clean cut without bruising. Tails off anteriorly on vertex of head simple may have been caused by some hard blunt object on left side of chest in 4th intercestal space on anterior axillary Line. Simple may have been caused by some cutting instrument. "p. W. 1 has testified that on the date of occurrence between 4 to 5 p. m. he along with P. W. 4, P. W. 5 and others took tea in a hotel at Thalkuli bus stand crossing. After taking tea some of his friends left the hotel whereas he was sitting in a nearby cloth store. At that time he noticed, a Matador came from Samblpur side and went towards Jharsagudia. Af ter a few minutes that vehicle came back and halted near the bus stand crossing. About 20 to 25 persons armed with iron rods, lathis, thujalis and knives got down from the vehicle and rushed towards