I.A. Ansari, J.

1. This appeal has been preferred against the judgment and order, dated 24.01.2003, passed, in Sessions Case No. 228(K) of 2000, by the learned Sessions Judge, Kamrup, Guwahati, convicting the accused-appellant, under Section 307 IPC, and sentencing him to suffer rigorous imprisonment for 3 (three) years and pay fine of Rs.5,000/- and, in default of payment of fine, suffer rigorous imprisonment for another period of 2 (two) months. The case of the prosecution may, in brief, be described thus: On 23.07.2000, at about 3-30/4-00 p.m., while Mahendra Deka @ Mahim (PW2) was returning home from the direction of his paddy field, accused HD, on the instigation of accused Dipak Das, Bhaben Das and Pabit Das, gave blows with Dao aiming at Mahendra Deka' neck; but, as Mahendra Deka tried to save himself by offering resistance, the blows fell on his hands and he sustained injuries and, having sustained injuries on his hands, he fell unconscious. One Jatin Deka (PW3), who was proceeding towards his paddy field carrying seedlings, saw the occurrence and, putting the seedlings on the ground, he rushed to the place of occurrence, he tied pieces of cloth all around the injuries, which Mahendra Deka had sustained, and carried him (Mahendra) to his (Mahendra's) house and, on arriving there, Jatin Deka (PW3) reported the occurrence to Mahendra Deka's father, Maniram Deka (PW1). Thereafter, Mahendra Deka was taken from his house to local hospital and, therefrom, to Baihata Chariali Police Station and, then, he was sent by police to the Gauhati Medical College & Hospital, at Guwahati, and he was treated there. On a written Ejahar being lodged, in this regard, by Mahendra Deka's father, Maniram Deka (PW1), Baihata Police Station Case No. 90/2000, under Section 341/326/307/34 IPC, was registered against the four accused persons aforementioned and, on completion of investigation, police laid charge-sheet accordingly against all the four accused persons.

2. At the trial, when charges, under Sections 341 and 307 read with Section 34, were framed, all the four accused persons pleaded not guilty thereto.

3. In support of their case, prosecution examined altogether 5 (five) witnesses including the doctor and the Investigating Officer. The accused persons were, then, examined under Section 313 CrPC and, in their examinations aforementioned, the accused aforementioned denied that they had committed the offences, which were alleged to have committed by him.

4. Finding accused HD guilty of the offence under Section 307 IPC, the learned trial Court convicted him accordingly and passed sentence against him as mentioned above. So far as the remaining accused persons were concerned, the learned trial Court came to the conclusion that the charges, framed against these accused, had not been brought home against them and, therefore, acquitted them accordingly. As against the acquittal of the three accused persons, namely, Pabit Das, Bhupen Das and Dipak Das, neither any appeal has been preferred by the State nor has any revision been filed by the informant or the injured. Aggrieved by his conviction and the sentence, passed against him, this appeal has been preferred by HD, i.e., the convicted person.

5. I have heard Mr. A.M. Bora, learned amicus curiae, and Mr. K.A. Majumdar, learned Additional Public Prosecutor, Assam.

6. While considering the present appeal, what may be noted, at the very outset, is that PW2, who is the injured, has deposed that, on the day of the occurrence, i.e., 23.7.2000, at about 3-30/4-00 p.m., while he was returning from his paddy field, he found accused Bhaben Das, Dipak Das and Pabit Das sitting on the culvert on the road and, when he reached the culvert, someone uttered, "Tai kat jabi", meaning thereby, "where will you go ?" and, then, somebody said "Hala, tak shesh kari de", meaning thereby, "Hala, finish him" and, then, suddenly, Hala Das (HD) appeared behind him (PW2) and gave a blow with a Dao aiming at PW2's neck a