JUDGMENT :

K.C. Jagadeb Roy, J. - The Petitioner Babaji alia's Braja Kishore Mohanty was tried u/s 325, I.P.C. on the allegation that on 17-7-1982 at about 7.30 p.m. he assaulted one Hemalata Bewa by means of a stick used for closing the door and caused grievous hurt to her. As many as seven witnesses have been examined by the prosecution, of whom P.W. 1 is the informant, P.W. 2 is a witness who, turned hostile, P.Ws. 3, 4 and 5 are the alleged eye-witnesses, P.W. 6 is the doctor and P.W. 7 is the investigating Officer who conducted a part of the investigation and submitted the charge sheet on the basis of which G.R. Case No. 137 of 1982 instituted against the Petitioner. The defence had examined only one witness who denied any such occurrence. He was not cross-examined by the prosecution. The Petitioner was found guilty by the trial Court u/s 325, I.P.C. and was convicted and sentenced to undergo R.I. for one year. On appeal preferred by the Petitioner before the Sessions Judge, Cuttack numbered as Criminal Appeal No. 69 of 1985, the sentence was reduced to one of four months R.I. with fine of Rs. 500/-, in default to undergo R.I. for two months with a direction that on realisation