JUDGMENT :

S.K. Sahoo, J.

The petitioner Champeswar Rana faced trial in the Court of learned Chief Judicial Magistrate, Sonepur in G.R. Case No. 109 of 1993 for offence punishable under section 324 of the Indian Penal Code. The learned Trial Court vide impugned judgment dated 22.04.1995 convicted the petitioner under section 324 of Indian Penal Code and order dated 08.05.1995 sentenced him to undergo R.I. for three months and to pay a fine of Rs.500/-(Rupees five hundred), in default, of payment of fine, to undergo further R.I. for fifteen days.

The petitioner preferred an appeal in the Court of Session which was heard by the learned Addl. Sessions Judge, Balangir in Criminal Appeal No. 59/20 of 1995-97 and vide impugned judgment and order dated 27.03.1999, the learned Appellate Court has been pleased to uphold the judgment and order of the Trial Court and accordingly, dismissed the appeal, hence the revision.

2. The prosecution case, as per the First Information Report is that on 29.06.1993 at about 6.30 a.m. while P.W.2 Manoj Kumar Sahoo was working near the tube well of the Primary School of Kayapadar, at that point of time the petitioner came with a Tangia and dealt three successiv