23.04.2024 Savitri Ratho, J This application under Section 401 of the Code of Criminal Procedure has been filed challenging the judgment and order dated 24.05.2006 passed in Criminal Appeal No. 34/2 of 2002/2006 by the learned Addl. Sessions Judge (Fast Track), Bargarh. By judgment dated 28.09.2002 passed by the learned Chief Judicial Magistrate - A.S.J., Bargarh in S.T. Case No.223/63 of 1998 the petitioner had been acquitted of the charge under Section 307 of IPC and convicted for commission of offence under CRLREV No. 401 of 2006 Page 2 of 7 Section 324 of IPC and sentenced to undergo R.I. for one year. Six other accused persons were acquitted of all offences. In appeal, the sentence of imprisonment has been reduced to the period already undergone and for payment of fine of Rs.1000/-, in default to undergo R.I. for a period of three months.

2. The prosecution case in brief is that on 13.02.1997 at about 10.00 a.m., there was an altercation between one Kapu Kanda and the informant over the cutting of ridge of the land bel