ALOK KUMAR PANDEY, J.:–The present appeal has been directed against the judgment of conviction dated 11.01.2018 and order of sentence dated 15.01.2018 passed by learned Additional Sessions Judge-V, Bhagalpur in Sessions Trial No. 35/2017, Trial No. 534 of 2017 arising out of GR Case No. 3169 of 2016 connected to Nathnagar (Madhusudanpur) P.S. Case No. 250/2016 whereby and whereunder appellant has been convicted for the offences punishable under Sections 307, 324 and 341 of the IPC and has been sentenced to undergo rigorous imprisonment for ten years along with fine of rupees five thousand (Rs. 5,000/-) for offence under Section 307 of the IPC. The appellant has further been sentenced to undergo rigorous imprisonment for three years along with fine of rupees one thousand only (Rs. 1000/-) for offence under Section 324 of the IPC and an imprisonment for a term of one month and a fine of rupees five hundred only (Rs. 500/-) for offence under Section 341 of the IPC. In case of default in payment of fine, he shall further undergo simple imprisonment of one month. All the sentences shall run concurrently.

2. According to fardbeyan of informant-cum-victim (PW-3) the occurrence is of 06.09.2016 at near about 7:30 PM for which fardbeyan was recorded by S.I. M.N. Paswan of Barari police station District Bhagalpur at JLNMCH Mayaganj, Bhagalpur Emergency Surgery Ward Bed No. 12 on 07.09.2016 at about 3 PM and immediately whereafter FIR was registered.

3. The prosecution case, as stated by the informant, in brief, is that on the fateful day i.e. 06.09.2016 at near about 7.30 PM, she was heading towards the lavatory to answer the nature's call where appellant and others were waylaying near the toilet. The appellant and others grabbed the informant after seeing her and the present appellant inflicted a knife blow upon the informant-victim with intention to kill as a result of which informant sustained injuries on the neck and right portion of stomach and she fell on the ground in injured condition. On hearing her scream, the victim's husband and other villagers ran and the moment the appellant and others noticed the arrival of the villagers, they fled away from the spot. It is further stated that appellant and others are said to have threatened to kill informant and her family, in case, FIR is lodged in thana. It is further alleged that before the said occurrence the appellant attacked upon the informant with intention to kill. It is further stated that informant cum victim was brought in the said hospital for treatment with the help of her husband and villagers.

4. On the basis of fardbeyan of the informant, Nathnagar (Madhusudanpur) P.S. Case No. 250/2016 dated 07.09.2016 was registered under Sections 341, 307, 324, 506 and 34 of the IPC. Routine investigation followed. Statement of witnesses came to be recorded and on the completion of investigation, appellant along with acquitted accused Anil Mandal came to be charge sheeted under Sections 341, 307, 324, 506 and 34 of the IPC. Rest two accused persons namely Vinit Kumar Mandal and Govind Mandal were shown as not sent up. Thereafter, the learned trial court took cognizance under the aforementioned sections of IPC. The learned trial court was pleased to frame charges against the appellant and acquitted accused Anil Mandal under Sections 307/34, 341/34, 324/34 and 506 of the IPC and charges were read over and explained to them to which they pleaded not guilty and claimed to be tried.

5. In order to bring home guilt of accused persons, prosecution has examined altogether eight witnesses namely, PW-1 Dr. Chandra Mohan Singh, PW-2 Gagan Mandal, PW-3 Kavita Devi (informant-cum-victim), PW-4 Ravindra Prasad Singh @ Ravindra Singh, PW-5 Upendra Prasad Singh @ Upendra Mandal, PW-6 Pratima Devi, PW-7 Umakant Mishra (I.O.) and PW-8 Vidyanand Singh. Prosecution also proved injury report as Exhibit-1, supplementary injury report as Exhibit-1/1, fardbeyan in the writing and signature of S.I. Mahendra Naray