Appellant, Dilip Kumar Gupta has been found guilty for an offence punishable under Section 341 IPC and sentenced to undergo R.I. for one month, under Section 504 IPC and sentenced to undergo R.I. for one year, under Section 307 IPC and sentenced to undergo R.I. for six years as well as to pay fine appertaining to Rs.2000/- and in default thereof, to undergo R.I. for three months vide judgment of conviction dated 01.06.2015 and order of sentence dated 06.06.2015 passed by Addl. District & Sessions Judge, IIIrd, Kaimur at Bhabhua in Sessions Trial No.163/2010.

2. PW.6, Ram Kali Kunwar mother of injured, Chitranjan Sharma (PW.5) submitted written report on 19.07.2009 alleging inter alia that on the same day at about 03:00 PM Dilip Kumar Gupta whose cowshed lies adjacent north to her house, came and closed the drain whereupon her son Chitranjan Sharma protested as, the sewerage of the village pass through the same. More particularly, it happens to be a rainy season and during such season flow is not obstructed so, you should not close the drain. On account thereof, both of them entered into an altercation. During midst thereof, Dilip Kumar Gupta gone to his cowshed and returne