JUDGMENT :

Sashikanta Mishra, J.

The Petitioner was convicted for the offence under Section 307 of I.P.C. by the learned Asst. Sessions Judge, Udala in S.T. Case No.20/101 of 1991vide judgment passed on 18th December, 1991 and was sentenced to undergo R.I. for a period of five years and to pay fine of Rs.2000/-, in default, to undergo further R.I. for a period of three months. The said judgment of conviction and sentence passed by the trial court was confirmed in appeal by the learned Sessions Judge, Mayurbhanj in Criminal Appeal No.1/1992 as per judgment passed on 9th May, 2000. Challenging the aforementioned judgments, the Petitioner has filed the present Revision.

2. The prosecution case, briefly stated, is that there was a land dispute between one Bhagaban Marandi, his brother Soren Marandi and the present Petitioner. On 21st April, 1991 at about 1.00 A.M. while the said Bhagaban Marandi was asleep on a cot in an open house attached to his residential house, the Petitioner and his brother Soren Marandi entered into the house and assaulted him by means of a knife on his neck. A scuffle ensued, during which Bhagaban Marandi caught hold of the knife, but the Petitioner snatched away