D.K. Sinha, J.

1. The present appeal has been directed against the judgment of conviction and order of sentence passed by the Sessions Judge, East Singhbhum, Jamshedpur in S.T. No. 47 of 1993 whereby and whereunder the appellant: was convicted under Section 326 of the Indian Penal Code and sentenced to undergo R.I. for a period of three years.

2. The prosecution story is in a narrow compass. The statement of the informant PW 1 Uday Narayan Singh was recorded at Government Hospital, Sakchi, Jamshedpur on 4.9.1987 at 1.30 a.m. who narrated that in the night of 3.9.1987 at about 11.30 p.m. when he, after washing his face, went to answer the call of nature, there started brick-batting from the eastern side of his house. He warded off first stone pelted from outside but second one hit him on his neck and there started bleeding. He identified the assailant Trivedi Gour and another boy whom the informant could not identify. On his alarm there being raised his younger brother Satyendra Kumar Singh, Kishore Kumar Singh, Paramjeet Singh (witnesses) and his father Ram Naresh Singh appeared at the scene of the occurrence. He further alleged that the appellant, Shankar Gour dealt a farsh