Gopal Prasad, J.

1. Heard.

2. The Appellant No. 2, namely, Bacha Pandey @ Sada Nand Pandey has been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and a fine of Rs. 250/- and in default of payment of fine to undergo further imprisonment for six months.

3. The prosecution case, as alleged, is that while the informant was irrigating his land and the water was passing through the land of the accused persons and the accused persons protested and in that connection there is allegation that the Appellant gave a Bhala blow causing injury on the chest of the informant and other accused persons assaulted by Lathi.

4. On the fardbeyan of the informant, First Information Report was lodged, after investigation charge-sheet was submitted and during the trial six witnesses were examined. P. Ws. 1, 2 and 3 are the witnesses, who supported the prosecution case. P.W. 4 is the informant. P.W. 5 is the doctor. The witnesses supported the prosecution case about the assault by Bhala by thisAppellant on the person of the informant. P.W. 5 is the doctor. P.W. 6 is the I.O. However, the doctor found four injuries on the person o