DHARNIDHAR JHA, J.:–The present appeal arises out of judgment dated 07.02.2002 passed in Sessions Trial No.289 of 1998/91 of 2000 by the learned VIII Additional Sessions Judge, Gaya, by which the solitary appellant was held guilty of committing an offence under Section 326 of the IPC and was directed to suffer rigorous imprisonment for ten years.

2. The prosecution story emanates from Ext-5, the fardbeyan of Ram Binay Thakur (P.W.5), recorded in Magadh Medical College Hospital, Gaya, where the informant was admitted for being treated for the injury received by him. It was stated that after having taken his dinner at about 7 P.M. on 27.09.1997, the informant was going to his other house to sleep. When he had reached near the river, five persons surrounded him all on a sudden and started abusing him. They were also shouting that the informant be killed. Out of the five persons, the informant (P.W.5) could identify the present appellant Bigan Thakur, who as per further allegation attempted multiple blows with fasuli upon him. Although the informant made attempts to escape, but in spite of that he received injury on his left arm, as a result of which bleeding cut injury was ca