JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. The present appeal has been preferred from Jail against the judgment and order dated 17.06.2016, passed by the learned District and Sessions Judge, East Sessions Division, Tezu in Sessions Case No. 13 (LDV)/2014. By the impugned judgment, the accused appellant has been convicted under Sections 326/307 of the Indian Penal Code and sentenced to undergo R.I. for 5 (five) years with a fine of Rs. 5,000/- (Rupees five thousand) only for the offence under Section 326 of the Indian Penal Code and R.I. for 7 (seven) years with a fine of Rs. 10,000/- (Rupees ten thousand) only for the offence under Section 307 of the Indian Penal Code.

2. Before coming to the impugned judgment, it would be convenient to state the facts of the case in brief.

3. An Ejahar was lodged by one Shri Deep Gurung (PW-2) before the Roing Police Station on 02.06.2013 stating, inter-alia, that on the same day, at about 9.00 p.m. the accused appellant, who was a casual labour of the P.H.E. Department, had come drunk and started throwing stones on the tin roof of the house, for which, the informant had come out and scolded him. After sometime, while the informant was sitting in the house