HARRIES, C.J. - (1.) THIS is an appeal from a conviction under Section 307, Penal Code, and a sentence of six years' rigorous imprisonment.
(2.) THE charge against the appellant was that he on 13th July 1949 had attempted to murder his cousin, Kumud Chandra Patra, P. W. 1. The trial took place before a learned Assistant Sessions Judge sitting with a jury. The jury unanimously returned a verdict of guilty under Section 307, Penal Code, and agreeing with that verdict the learned Assistant Sessions Judge sentenced the appellant as I have indicated. The facts of the case were comparatively simple. The appellant and the injured man, Kumud, were cousins and apparently were co -sharers in a tank near the village. Alongside this tank ran a roadway or a pathway and it is said on behalf of the prosecution that the appellant claimed the sole right in this approach to the tank. His right was disputed by the injured man and this, it is alleged, led to a quarrel between them sometime before the occurrence. On the day of the occurrence, namely, 13th July 1949 the injured man Kumud was standing at the edge of the water of the tank washing his hands when it is alleged that the appellant came from behind and struck Kumud with a big bhojali causing a severe bleeding injury. Kumud turned round, but the appellant showered further blows on him. Kumud being injured, amongst other places, on his hands as he was endeavouring to ward off the blows. The prosecution states that as many as 17 injuries were caused and Kumud was felled to the ground.
(3.) THE shouts of the injured man brought a number of persons to the scene and on seeing these persons the appellant, it is said, ran away. In due course information was given to the police and this case was instituted against the appellant.;