JUDGMENT :

S.S. Mishra, J.

The present criminal appeal filed by the appellant under Section 374 (2) of Cr.P.C. is directed against the judgment of conviction and order of sentence dated 30.06.1997 passed by the learned Additional Sessions Judge, Titilagarh in Sessions Case No. 24/11 of 1995, whereby the learned trial Court has convicted the accused-appellant for the offence punishable under Section 307 of the I.P.C. and, accordingly, sentenced him to undergo R.I. for two years and to pay a fine of Rs.1,000/-, in default to undergo R.I. for three months.

2. Heard Mr. H.S. Mishra, learned counsel for the appellant and Mr. Jateswar Naik, learned Addl. Government Advocate for the State.

3. The prosecution story as per the FIR is that on 12.09.1994 at about 8.30 A.M. at Sahupada of village Bangomunda the present accused appellant assaulted the elder brother and mother of the informant with tabli causing bleeding injuries on their person.

4. On the basis of the written report of the informant, Bangomuda P.S. Case No.37 dated 12.09.1994 was registered and investigation was conducted and charge sheet was filed. Since the accused took a stance of denial, hence he was put to trial after the cha