JUDGMENT (1) This appeal is directed against the impugned judgment and order passed by the learned Sessions Judge, Ganjam-Gajapati, Berhampur in S.C. No. 191 of 2000 convicting for ten years under Section 307 of the I.P.C. (2) Prosecution case in brief is as follows : In the night of 17/18-8-1999 at about 12.10 a.m. the P.I.C. Badabazar P.S. received an anonymous telephone call regarding assault on a rickshaw puller at Diamond Tank Road. He entered the information in the station diary book under S.D.E. No. 342, dated 18-8-1999. Being directed by him, P.W.3 the Sub-Inspector of Police along with P.W.4 the Assistant Sub-Inspector of Police, P.W.5 the Havildar, P.W.6 the Police Constable and other police officials proceeded to the spot where the injured P.W.1 was found lying with injuries on his person and blood stains on his wearing apparels in front of Satyasai temple on a rickshaw. On enquiry it was ascertained that he was, assaulted at about 12.00 in the mid night by an unknown person within the age group of 20 to 25 by means of a piece of cement slab. The assailant fled away after assaulting P.W. 1, P.W. 1 was shifted to the M.K.C.G. Medical College and Hospital, Berhampur. P.W.3 further ascertained that P.W.8 saw the occurrence when he was returning to his home. The report Ext. 2 submitted by P.W.3 was registered as F.I.R. and P.W. 14 the S.I. of Police was directed to take up investigation. In course of investigation, witnesses were examined and articles, including piece of cement slab M.O.-III, were seized. Injured P.W. 1 was medically examined by P.W. 11. Upon apprehension of the appellant, he was subjected to polygraph and hypnotism test. Also, Test Identification Parade was conducted by P.W.12, the J.M.F.C. (Transport), Berhampur, in course of which P.W.8 identified the appellant. On completion of investigation, charge-sheet was submitted against the appellant. Defence plea was one of denial to the charge. (3) In order to substantiate the charge, prosecution examined fourteen witnesses in all and also relied upon documents marked exhibits 1 to 16 and material exhibits M.Os.- I to III. P.Ws. 1, 3, 4, 5, 6, 8, 11, 12 and 14 have already been introduced. P.W.2 is the owner of the rickshaw which P.W. 1 was pulling. P.W.7 is the Scientific Officer. P.W.9 is P.W.8 's son and also an eye-witness. P.W. 10 produced bed head ticket of P.W.1. P.Ws. 1, 3, 4, 5, 6, 8, 11, 12 and 14 have already been introduced. P.W.2 is the owner of the rickshaw which P.W. 1 was pulling. P.W.7 is the Scientific Officer. P.W.9 is P.W.8 's son and also an eye-witness. P.W. 10 produced bed head ticket of P.W.1. P.W.13 happens to be the Sub-INspector of Police who was associated with apprehension as well as polygraph and hypnotism tests of the appellant. No defence evidence was adduced. Learned trial Court relying mainly on the evidence of injured P.W. 1, medical evidence of P.W. 11 and evidence relating to Test Identification parade available from P.W. 12 held the prosecution to have established the charge. (4) In course of hearing, learned Amicus Curiae appearing for the appellant did not assail the finding and conclusion of the learned trial Court holding the appellant guilty under Section 307 of I.P.C. However, it was strenuously contended that the sentence of rigorous imprisonment for ten years awarded to the appellant ought to be reduced considering the nature of injuries sustained by P.W. 1. In reply, learned counsel for the State submitted that materials on record indicate that the appellant, who is a psychopath, mercilessly assaulted the injured P.W. 1 without any rhyme of reason causing multiple serious injuries for which he does not deserve to be dealt with leniently. Admittedly, injured P.W. 1 did not identify the appellant to be his assailant. He testified that when he was returning towards old bus-stand on his rickshaw, in a dark place near Saibaba temple, somebody hit him by means of a stone as a result of which he sustained bleeding injury. His lungi M.O.1 and banyan M.O.- II were stained with blood. He could not identify the assailant. After some time police arrived and took him to the hospital. He disclosed his identity to the police. He received treatment in the hospital for 10 to 12 days. It was categorically deposed by him that from the date of occurrence till the date he deposed in Court, at times he felt head reeling and had not fully cured. Informant P.W.3 as well as A.S.I. P.W.4, Havildar P.W.5 and Constable. P.W.6 corroborate the injured in all material particulars. P.W.3 testified to have been directed the I.I.C. of Badabazar P.S. to proceed to the spot upon receipt of anonymous, telephone call regarding assault on a rickshaw puller. P.Ws. Informant P.W.3 as well as A.S.I. P.W.4, Havildar P.W.5 and Constable. P.W.6 corroborate the injured in all material particulars. P.W.3 testified to have been directed the I.I.C. of Badabazar P.S. to proceed to the spot upon receipt of anonymous, telephone call regarding assault on a rickshaw puller. P.Ws. 3, 4, 5 and 6 found P.W.1 with severe bleeding injuries on his face lying on a rickshaw in a semiconscious condition. Injured was shifted to the hospital. P.W.3 further deposed that he ascertained that some unknown culprit within the age group of 20 to 25 years wearing a black pant and white shirt assaulted P.W. 1 by means of a stone and escaped, and that P.W.8 claimed to have seen the occurrence while returning to his house from old bus-stand with his pushcart. Contents of the F.I.R. Ext. 2 lodged in the night of occurrence itself corroborate P.W.3. P.W.3 also deposed regarding seizure of M.Os.-I and II as well as a piece of blood stained cement slab M.O.-III. P.W.8 testified that while he was returning to his home along with his son P.W.9 and another boy, he saw a rickshaw puller coming from Utkal Cinema side towards old bus-stand. Suddenly, a young man of the age group of 20 to 25 years wearing black trousers and white shirt came from front side and hit the rickshaw puller on the face by means of a stone. A gas light was burning on P.W.8's push cart. P.W.8 shouted "Stone Man Stone Man" and left that place out of fear. He narrated this incident to other rickshaw pullers present near the Utkal Cinema. He identified the appellant to be the assailant of the rickshaw puller. Evidence of P.W.8 and J.M.F.C. (Transport) P.W. 12 goes to show that P.W.8 had identified the appellant in a Test Identification Parade held in the Circle Jail, Berhampur on 25-1-2000. Evidence of P.W.8 was not discredited in any manner in course of cross-examination. P.W.9 substantially supported the evidence of his father P.W.8. (5) Medical evidence available from the evidence of P.W. 11 as well as bed head ticket Ext.9 and injury report Ext. 12 also corroborates the ocular accounts of the occurrence. It appears that P.W. 1 was found to have sustained as many as five lacerated injuries on his face and an abrasion on left hand. (5) Medical evidence available from the evidence of P.W. 11 as well as bed head ticket Ext.9 and injury report Ext. 12 also corroborates the ocular accounts of the occurrence. It appears that P.W. 1 was found to have sustained as many as five lacerated injuries on his face and an abrasion on left hand. Two of the injuries were grievous in nature inasmuch as there were fractures under the lacerated injury extending from the mid of right eye brow to lateral canthos of left eye brow and the abrasion on the left hand. P.W. 1 was treated as an indoor patient till 27-8-1999. It was categorically deposed by P.W. 11 that the two grievous injuries could have caused death in ordinary course of nature without proper and prompt medical attendance. P.W. 11 also testified that injuries of P.W.1 could be caused by M.O.-III seized from near the spot. In such circumstances, there is no infirmity in the conviction of the appellant under Section 397 of the I.P.C. (6) Section 307 of the I.P.C. provides for punishment with imprisonment of either description for a term which may extend to ten years, and fine; and if hurt is caused to any person, the offender is liable either to imprisonment for life or to imprisonment for a term of ten years. In the present case, the appellant is found to have caused injuries including grievous hurts to P.W. 1 without any provocation. Such conduct of the appellant in assaulting P.W. 1 with M.O.-III resulting in grievous injuries also is indicative of his desperate character. Evidence on record also reveals that the appellant made all attempts to flee from Justice. On one occasion he escaped from police custody. The learned trial Court instead of awarding sentence of imprisonment for life has imposed lesser sentence to the appellant to undergo rigorous imprisonment for ten years only. Considering the facts and Circumstances of the case and the conduct of the appellant, there appears no cogent ground to interfere with the quantum of sentence imposed on the appellant. Therefore, there is no merit in the appeal. In the result, the appeal is dismissed. The impugned judgment and order is confirmed. Appeal dismissed.