The severity of injuries and the intention of the accused are crucial in justifying a conviction under section 307 of the Indian Penal Code.

JUDGMENT

S.K. Sahoo, J. - The matter is taken up through Video Conferencing.

2. The appellant Ananda Nath faced trial in the Court of learned Additional Sessions Judge, Sambalpur in S.T. No.50/19 of 1990 for offence punishable under section 307 of the Indian Penal Code on the accusation that he attempted to commit murder of Ambika Nath (P.W.1) on 02.11.1989 at about 5.00 p.m. in village Paramanpur under Sason police station in the district of Sambalpur. The learned trial Court vide impugned judgment and order dated 01.08.1990 found the appellant guilty of the offence charged and sentenced him to undergo R.I. for a period of four years.

3. The prosecution case, as per the first information report (Ext.1) lodged by P.W.3 Mitu Nath, the husband of the injured (P.W.1) is that on 02.11.1989 in the evening hours when he returned from the paddy field, he found his wife was lying in a senseless condition sustaining injuries over her head and he came to know from his two daughters, namely, Babita Nath (P.W.5) and Bharati Nath that about half an hour prior to his time of arrival, while P.W.1 was sitting in the front doorstep, she found at that point of time that some unknown persons had put some faeces on the lock of the gate. Since previously this type of incident had been committed on two occasions, P.W.1 started abusing without naming anybody. The appellant came there with a lathi and challenged P.W.1 but P.W.1 told him that she was not taking any name. The appellant dealt two to three blows on the head of P.W.1 with the lathi he was holding for which P.W.1 sustained bleeding injuries and became senseless. When the two daughters of P.W.1 raised hullah, some of the co-villagers arrived at the spot for which the appellant left the spot with the lathi. Then P.W.1 was shifted to the village hospital, where the doctors advised the informant to take her to Sambalpur Sadar Hospital for treatment. It is further mentioned in the F.I.R. that P.W.1 had not yet got back her sense.

4. On the basis of such first information report, Sason P.S. Case No.54 of 1989 was registered on 03.11.1989 under section 307 of the Indian Penal Code against the appellant. P.W.10 was the officer in-charge of Sason police station, who took up investigation of the case and during course of investigation, he examined the witnesses, visited the spot, seized blood stained earth from the spot and on search of the house of the appellant, he seized one blood stained lathi and then issued requisition to the Medical Officer, Paramanpur dispensary, who attended the injured. He also produced the seized weapon of offence before the Medical Officer, Paramanpur dispensary for his examination and opinion and the queries were also made to the Medical Officer, District Headquarters Hospital, Sambalpur. The appellant surrendered in Court on 28.11.1989. P.W.10 prepared the spot map and sent the seized soaked soil and seized lathi to the Deputy Director, Chemical Examiner, R.F.S.L., Sambalpur for examination and opinion and on completion of investigation, charge sheet was submitted against the appellant.

5. After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned trial Court charged the appellant under section 307 of the Indian Penal Code on 19.06.1990 and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.

6. During course of trial, the prosecution examined ten witnesses.

P.W.1 Smt. Ambika Nath is the injured in the case and she stated that the appellant assaulted her with lathi (M.O.I) on her head while she was sitting in front of her house for which she fell down and lost her sense.

P.W.2 Smt. Patra Nath is the neighbour of the informant and an eye witness to the occurrence. She narrated the incident and the manner in which the appellant dealt lathi blows on the head of P.W.1.

P.W.3 Mitu