The conviction under Section 307 IPC can stand on credible evidence from a single reliable witness, supported by medical testimony regarding the severity of injuries.

1. This appeal is directed against judgment dated 24-2-2004 passed by Additional Sessions Judge, Manendragarh, District Koriya in Sessions Trial No. 318 / 2011 whereby the appellant has been convicted under S.307 of the Indian Penal Code and sentenced to undergo rigordus imprisonment for 5 years and to pay fine of Rs. 1,000/-, in default of payment of fine, to farther undergo rigorous imprisonment for 5 months.

2. Case of the prosecution, in brief is as under: -
On 14-5-2001, at about 10:00 p.m., appellant Manoj Kumar Mishra was selling liquor near Shiv Temple at Chirmiri. Injured Munnalal (PW - 2), Iliyas (PW - 3), Dinu
Dewangan (PW - 4) and one Sudhir Sharma went to the appellant and forbade the appellant from selling the liquor. The appellant started abusing Munnalal (PW - 2) in filthy language, went inside his house, brought farsa and assaulted Munnalal (PW - 2) with it. The appellant gave farsa blow on head, right shoulder, left hand and right band of Munnalal (PW - 2). Iliyas (PW - 3), Dinu Dewangan (PW - 4) and Sudhir Sharma intervened and saved Munnalal (PW - 2). Munnalal (PW - 2) lodged First Information Report (Ex. P - 2) in Police Station Chirmiri. Munnalal (PW - 2) was sent to Community Health Centre, Chirmiri for medical examination. Dr. A. K. Agrawal (PW - 1) examined Munnalal (PW - 2) and gave his report (Ex. P - l), in which, he found -
(i) incised wound, 5 x 0.6 c.m. into bone deep on right parie to and temporal region of scalp.
(ii) incised wound, 4 x 0.5 c.m. into bone deep on occipital region of scalp.
(iii) incised wound, 2 x 0.3c.m. into bone deep on left wrist,
(iv) incised wound, l x O.2 c.m. into skirt deep on left thumb base,
(v) incised wound, 1 x 0.1 c.m. into skiri deep on left index finger,
(vi) incised wound 1 x 0.1 cm. into skin deep on left middle finger,
(vii) incised wound, 1.5 x 0.2 c.m. into skin deep on middle part of left ring finger,
(viii) incised wound, 1 x 0.2 cm. into skin deep on right shoulder joint,
(ix) incised wound, 1 x 0.2 cm. into skin deep on right shoulder.
He advised for x - ray.
In further investigation, plain soil and blood stained soil were seized from the place of occurrence vide Ex. P - 5. Full pant of injured Munnalal (PW - 2) was also seized vide Ex. P - 3. Patwari B. R. Jaiswal prepared site map (Ex. P - 4). Investigating Officer also prepared site map (Ex. P - 7),
After completion of the investigation, charge - sheet was filed against the appellant in the Court of Judicial Magistrate First Class, Manendragarh, who, in turn, committed the case to the Court of Session, Surguja, from where, it was received on transfer by the Additional Sessions Judge, Manendragarh, who, conducted the trial and convicted and sentenced the appellant as mentioned above.

3. Shri Prafull Bharat and Shri Keshav Dewangan, learned counsel for the appellant, argued that evidence of Munnaial (PW - 2) is full of contradictions. Iliyas (PW - 3) and Dinu Dewangan (PW - 4) did not support the case of the prosecution. The prosecution has not been able to prove the offence against the appellant beyond reasonable doubt. Therefore, the conviction recorded by the learned Additional Sessions Judge against the appellant is not sustainable and the appellant deserves to be acquitted.

4. On the contrary, Shri. Vinay Harit, learned Deputy Advocate General for the State / respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellant do not warrant any interference by this Court.

5. I have heard learned counsel for the parties at length and have also perused the reco