was not definite as to how the occurrence has taken place. According to him, he was sleeping in the same threshing floor where Champa was sleeping but he was sleeping, on the bullock cart. After hearing the sound, “he got up and saw the Appellant giving blows to Champa with the help of axe.” He gave three blows. He has categorically stated that there was electric light at the spot. But Mr. Dash, learned counsel has pointed out that these electric bulbs or any part thereof was not seized by the Police to prove that there was any electric light. P.W.6 had stated that on hearing the sound of blow, he got up. In the cross-examination, P.W. 6 has admitted that he had stated to the Police that the Appellant ran away from the spot and he saw him by the electric light. But he has not stated to the Police that the accused took away his axe. According to Mr. Dash, the statement of P.W.6 does not tally with the testimony of P.W.7, the Doctor, Ajaya Kumar Swain, who conducted the post mortem examination. According to the post mortem examination report, 7 injuries are found on the body, but as per the statement of P.W.6, the Appellant gave 3 blows on his chest. As such, what the P.W.6 has stated in the trial is a piece of evidence which cannot be believed.
