JUDGMENT

L. NAGESWARA RAO, J

1. Dev Kumar Sahu (PW-6) lodged a First Information Report at 8.10 a.m. on 11th November, 2005. As per the FIR, the Appellant was running a kirana shop in Basantpur village. The informant and his brothers were also residing in the same village. There was a scuffle between the Appellant and Krishna Kumar Sahu (PW-3) on 10th November, 2005 regarding non-payment of an amount of Rs.130 by Krishna Kumar Sahu to the Appellant towards purchase of some material from the shop. The Appellant and his son Virendra Sahu assaulted Krishna Kumar Sahu (PW-3) later in the evening. On the next day i.e. 11th November, 2005, PW-6 and his brother Ram Kumar Sahu (Deceased) went towards the Nala side for answering the call of nature. The Appellant hit Ram Kumar Sahu on his head with a tangi near the field of Komal Singh. The sharp side of the tangi pierced the head of Ram Kumar Sahu who fell down. PW-6 threw a stick that hit the hand of the Appellant when he started running away. The tangi fell down from the hand of the Appellant. Ram Kumar Sahu was admitted in the District hospital. The tangi was produced at the police station. PW-6 stated that Preetam Lal Sahu (PW-8) also w