Anjana Prakash, J.

1. The Appellant has been convicted under Section 307 IPC and sentenced to RI for seven years by the 2nd Additional Sessions Judge, Purnia in Sessions Trial No. 304 of 1990/Tr. No. 189/1992 by a judgment dated 20.07.1995.

2. The case of the prosecution is that on 02.02.1989 when the informant on hearing outcry of the injured Radha Kant Bhagat went to the place of occurrence he found the Appellant was assaulting Radha Kant Bhagat and when the wife and his son intervened they were also variously assaulted with Garasa.

3. During trial the prosecution in all examined four witnesses out of whom P.W. 1 is an injured, P.W. 2 is the mother of P.W. 1 and also injured whereas P.W. 3 is the father of P.W. 1 and husband of P.W. 2 and also injured. P.W. 4 is the Doctor who examined the injured. The informant has not been examined in the present case.

4. From the evidence of the Doctor, I find that he had noted three injuries on the person of the P.W. 1 all of which were simple in nature. Similarly three injuries on the person of P.W. 3 were found simple and only grievous injury was found which was on the right thumb. P.W. 2 had also allegedly sustained two injuries b