T. Vaiphei, J.

1. This criminal appeal is directed against the judgment and order dated 22.11.2007 passed by the learned Sessions Judge, Shillong in Sessions Case No. 9 of 2001 convicting the appellant under Section 326 IPC, sentencing him to undergo 2 (two) years of imprisonment with a fine of Rs. 5,000/- and in default of payment thereof, to undergo another two months of imprisonment. The case of the prosecution is that on 23.4.2001 between 7 and 7.30 PM, the accused/appellant assaulted the injured, namely, Bibhisan Rai, ("the victim" for short) with an iron rod with the result that the victim sustained grievous injury. The Laban Police duly registered a case being Laban P.S. Case No. 29(5)2001 under Section 325 IPC over the assault and, in the course of investigation, they found a prima facie case against the appellant under Section 325 and 307 IPC and charge-sheeted him accordingly. The learned Sessions Judge ultimately withdrew the case from the file of the learned Assistant Sessions Judge when the incumbent retired from service and took up the case by himself. By the time the learned Sessions Judge withdrew the case, a charge under Section 307 IPC had already been fram