Appellant, Ramesh Singh has been found guilty for an offence punishable under Section 307 IPC and sentenced to undergo RI for 1 year as well as to pay fine of Rs. 5000/- and in default thereof, to undergo SI for one month, additionally, vide judgment of conviction dated 15.07.2005 and order of sentence dated 22.07.2015 passed by 5th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 412/2006.

2. Jagarnath Singh (PW 7) while was admitted at Primary Health Centre, Gorari on 19.12.2005 at about 9.00 PM gave his Fard-e-beyan alleging inter alia that during course of election of Shiksha Samiti, his nephew Sheomuni has won the post of Chairman. Ramesh Singh, his co-villager was one of the members of the Shiksha Samiti. In the aforesaid background, today at about 7.00 PM, his nephew, Sheomuni Singh and Ramesh indulged in an altercation in front of his house whereupon he along with his son, Upendra Singh and a relative, Ram Janam Singh, Dinesh Singh, Mahendra Singh came. During course of altercation, Ramesh, Jaiprakash, Guru Charan, Babu Nand, Ram Nagina, Hiranand Singh, Dinesh Singh arrived and began to assault him as well as others with leg, fists and slaps, bric