P. K. TRIPATHY, J.

( 1 ) ORDER of conviction under Section 307, IPC against the petitioner pronounced by learned Asst. Sessions Judge, Dharmagarh in Sessions case Nos, 25/3 of 1991 and confirmed by learned Sessions Judge, Kalahandi at bhawanipatna in Criminal Appeal No. 44 of 1991 is under challenge.

( 2 ) ACCORDING to the case of the prosecution, while the injured (P. W. No. 9)was carrying on his business in the weekly market at Dharamgarh, at about 1. 30 p. m. , accused attacked him from behind and dealt kati blow as a result of which P. W. No. 9 sustained bleeding fracture injury on back side of the head and also over the angle of left mandible. Petitioner was caught red handed at the spot, injured was taken to the hospital, police was informed and the law was set into motion. After completion of routine investigation, charge sheet was filed against the accused. Learned Asst. Sessions Judge framed charge for the offence under Section 307, IPC. Accused denied to the charge and claimed for trial. In course of trial as many as 11 witnesses were examined and series of documents were proved besides placing on record the blood stained wearing apparels as M. Os. I to IV and the weapo