Dharnidhar Jha, J The solitary appellant was convicted by the learned Additional Sessions Judge-cum-Presiding Officer, Fast Track Court No.I, No.I, Nawada in Sessions Trial No.128 of 2004 after being tried for committing offences under Sections 452, 387, 307 or in the alternative under Sections 326 and 323 IPC by judgment dated 28.07.2006. The appellant was directed to suffer rigorous imprisonment for three years, four years and seven years as also simple imprisonment for three months on account of being convicted for committing offences under Sections 452, 387, 307 or in the alternative 326 or 323 IPC respectively. The appellant being aggrieved by the judgment of conviction and order of sentence passed against him has preferred the present appeal.

2. Informant P.W.5 who is also injured in the present case appears a resident of the State of Utter Pradesh. He had migrated to the district of Nawada where he was growing a particular water fruit which is known in the local parlance as Singhara and was carrying out the sale of that particular produce during the seasons favourable to the cultivation of the crop. During the off season, he used to carry on business in the hairs of boars by residing at a particular place described as Panchu Talab under police station Hisua in the district of Nawada in the tenanted house belonging to one Ramlakhan Singh his younger brother i.e., P.W.2 Suresh Kumar.

3. It is stated that on 09.11.2004 the appellant came to the tenanted house of the informant P.W.5 and asked him to pay up Rangdari of Rs.30,000/- by delivering it to him as his earlier demands for paying the Rangdari had not been fulfilled and stated that due to that he had invited his death. The informant stated that he will pay up the Rangdari by and by but in spite of that the appellant is said to have dealt a Hansuli blow on the informant. In order to saving him, the informant clung to the body of the present appellant and attempted to catch hold of the weapon as a result of which his fingers of the left hand were cut and injured. The appellant went into great rage finding his attempts being resisted by the informant. He put the informant down on the ground and after pressing his face with his hand, put his Hansuli over his neck and pulled it so as to cutting it. A cut injury was caused on the neck of the informant and he started wreathing in pain and asked persons to take him to hospital and, accordingly, he was rushed to Nawada Sadar Hospital where the fardbeyan, Ext-1 was recorded, on the basis of which the FIR was drawn up and the police took up the investigation.

4. P.W.9 Dr. Iftekhar Ahmad had treated P.W.5 in Sadar Hospital, Nawada on 10.11.2004 when he was posted there in the capacity of Civil Assistant Surgeon and on examining P.W.5, found the following injuries:-

(a)Incised wound over the front of neck 10”x1”x1 ½”, trachea also incised; (b)Incised wound over the right side of upper lip ½”x1/4”x1/4”;

(c)Incised wound over the left palm 1”x1/2”x1”;

(d)Incised wound over the middle finger of left hand 1”x1/4”x1/4”

5. All the injuries were opined by P.W.9 caused by sharp cutting weapon and it was further opined that on account of cutting of the skin, fascia, subcutaneous tissues, there was profuse bleeding of the muscles and vessels. The other injuries were simple in nature. P.W.9 was further of the opinion that the injuries found by him on P.W.5 could be possible by ‘fasuli’.

6. It appears that the police finding material sufficient sent up the appellant for trial and accordingly he was convicted as indicated at the outset of the judgment.

7. The appellant appears taking a plea of being innocent and falsely been implicated for any other reason and further denied to have ever demanded Rangdari from P.W.5.

8. In support of the charges, the prosecution examined nine witnesses out of whom, P.Ws.6, 7 and 8 were declared hostile. As may appear from perusal of the discussion of evidence of witnesses in paragraph-15 of the judgme