Gopal Prasad, J.

1. Heard learned counsel for the appellant and learned counsel for the State.

2. The appellant has been convicted under Section 307 of the Indian Penal Code and Sections 148, 323 and 447 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for five years for offence under Section 307 of the Indian Penal Code, one year for offence under Section 148 of the Indian Penal Code, three months for offence under Section 323 of the Indian Penal Code and three months for offence under Section 447 of the Indian Penal Code. However, it has been ordered that all the sentences shall run concurrently.

3. The prosecution case as alleged by the informant Arun Kumar Singh is that on 19.04.1985 at about 11:30 A.M., the informant saw that Jagdish Rai was fighting with his younger brother Barun Kumar Singh and then he rushed there and intervened in the matter. Jagdish Rai abused and came with Bhala along with Ram Ayodhaya armed with bamboo tona and Shiv Nath armed with lathi followed by 20-25 persons variously armed with Lathi, Bhala and Danda and they attacked on the mill of the informant. The informant has sustained injury in his right hand. It is