JUDGMENT :

S.K. Sahoo, J.

The appellant Dibakar Patra faced trial in the Court of the learned Adhoc Additional Sessions Judge, Fast Track Court, Champua in S.T. Case No.49/165 of 2010 for the offences punishable under sections 452 and 307 of the Indian Penal Code. The appellant was found guilty of both the charges and was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.20,000/-, in default, to undergo simple imprisonment for one year for commission of offence under section 307 of the Indian Penal Code. He was further directed to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for a period of six months for commission of offence under section 452 of the Indian Penal Code. Both the substantive sentences were directed to run concurrently.

2. The prosecution case as per the First Information Report lodged by one Prafulla Patra (P.W.9) on 22.4.2010 before Officer-in-charge, Baria Police Station is that the appellant, who is the cousin brother of the informant, entered inside the house of the informant and assaulted the father of the informant namely Nanda Patra (P.W.8) by means of a ‘bhujali’ on the neck as well as on the belly repeatedly for which there was profuse bleeding and the injured was shifted to the hospital for treatment where he was fighting with life.

3. Basing on such First Information Report by P.W.9, Baria P.S. Case No.18 dated 22.04.2010 was registered under sections 452 and 307 of the Indian Penal Code by P.W.10 Mallick Chandra Sahu, A.S.I. of Police attached to Baria Police Station in absence of the Officer-in-charge. P.W.10 examined the informant and other witnesses and recorded their statements under section 161 Cr.P.C., visited the spot and prepared the spot map vide Ext.4. After coming to know that the injured P.W.8 was hospitalized at the District Headquarters Hospital, Keonjhar, the I.O. issued injury requisition to the Medical officer, D.H.H., Keonjhar for submission of report. On 29.04.2010 the I.O. arrested the appellant and recovered a knife on the information of the appellant from his sister’s house on being produced by him which was seized under the seizure list vide Ext.1. The appellant was forwarded to the Court of the learned S.D.J.M., Champua. The I.O. seized the bed-head ticket of the injured from District Headquarters Hospital, Keonjhar under seizure list vide Ext.2. After completion of investigation, charge sheet was submitted under sections 452 and 307 of Indian Penal Code on 7.7.2010.

4. After submission of charge sheet, the case was committed to the Court of Session after observing due committal procedure. Learned Trial Court charged the appellant under sections 452 and 307 of the Indian Penal Code on 22.09.2010 and since the appellant refuted that charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.

5. During course of trial, in order to prove its case, the prosecution examined thirteen witnesses.

P.W.1 Ratnakar Patra is the cousin brother of the appellant who stated that on 21.04.2010 in the morning hours, the appellant came with a big knife which was stained with blood and stated that he had killed Nanda Patra (P.W.8). P.W.1 also noticed the injured Nanda Patra lying with multiple stab injuries with profuse bleeding and the injured named the appellant to be the culprit. He further stated about the shifting of the injured to the hospital.

P.W.2 Smt. Kumati Patra is the wife of the injured. She stated that when she came to the spot, she found her injured husband lying in a pool of blood and her husband as well as her grandson Jaguru Patra (P.W.3) told her that the appellant had assaulted the injured. She further stated about the shifting of the injured to the hospital.

P.W.3 Jaguru Patra is the nephew of the appellant and grandson of the injured and he is an eye witness to the occurrence.

P.W.4 Yadav Patra noticed