JUDGMENT

Mohan M. Shantanagoudar, J.

The judgment dated 18th April, 2016 in Criminal Appeal No. 820 of 2004 passed by the High Court of Jharkhand confirming the judgment of conviction and sentence imposed on Dinesh Yadav, accused No.1 in Sessions Case No. 221 of 93/78 of 2002 for offence punishable under Section 307 of the Indian Penal Code, is questioned in this petition by convicted accused No.1.

2. The case of the prosecution is that on the date of occurrence the appellant as well as two other accused namely Badri Yadav (since deceased) and Deven Yadav while were planting chilli on the land adjoining the house of the informant, the informant protested for the same; accused Deven Yadav allegedly instigated the appellant to assault the informant; Badri Yadav gave lathi blow on his head whereas the appellant caused injury on the forearm of the informant by wielding gandasa, consequent upon which the informant sustained following injuries:

"(i) Lacerated wound on anterior surface of right forearm through which part of bone is protruding, size 2"x1"x. resulting in compound fracture of forearm.

(ii) Lacerated wound on left arm (lower posterior surface) size 1/2"x1/4"x1/4".

(iii) Lacerated w