MADHAVENDRA SARAN, J.

1. This appeal has been preferred against the judgment and order dated 29.4.1993 passed by Sri B.B. Verma, 3rd Additional Sessions Judge, West Champaran, Bettiah in Sessions Trial no. 112/1990 arising out of Shikarpur PS case no. 25/1990 whereby he convicted appellant Sadre Alam u/s 304 (Part II) of Indian Penal Code (in short as Code) and sentenced him to undergo R.I. for 10 years as also u/s 323 of the Code for a period of three months. However, the sentences have been ordered to run concurrently.

2. The prosecution case, in short, is that informant Kuer Yadav on 3.2.1990 at about 12 Noon when he returned back home from the distillery he was informed that appellant along with others was constructing house on his land. The informant went there and found that appellant had encroached his part of land in constructing the house. The informant requested the appellant to stop the construction as they had encroached part of his land but his request was ignored and he was threatened that if he interefered he shall be assaulted. When the son of informant tamed. Munna Yadav stopped the appelant and others he was assaulted by the appellant with Chhura at his ha