JUDGMENT

N. P. SINGH, J.:—This appeal is on behalf of the sole appellant who has been convicted under Section 304, Part I of the Indian Penal Code (hereinafter referred to as "the Penal Code") and has been sentenced to undergo rigorous imprisonment for two years by the High Court.

2. The appellant along with Sitaram Mandal and Tribhanga Mandal were charged for offence under Sec. 307 read with Section 34 for attempting to commit the murder of Gopal Chandra Ravidas. They had also been charged under Section 379 of the Penal Code for committing the theft of the paddy crops from plot No. 2760 of village Amjhore, P.S. Baliapur, District Dhanbad.

3. According to the prosecution case, on 26-10-1975 at about 12.00 noon the informant Bishnu Ravidas (PW-9) and his brother Gopal Chandra Ravidas having learnt that the accused persons were harvesting their paddy from the plot aforesaid went there. When they protested as to why their crops were being harvested, accused Sitaram Mandal caught hold of the hands of Gopal Chandra Ravidas and Harendra Nath Mandal, the appellant, assaulted Gopal Chandra Ravidas on his head with the 4back portion of a Tangi. At that very time, accused Tribhanga Mandal assa