This appeal is directed against the judgment of conviction dated 28th August, 2002 and order of sentence dated 29th August, 2002 passed by Shri Janak Kumar Nath Tiwary, Additional Judicial Commissioner, Ranchi in Sessions Trial Case No. 77 of 1993, by which judgment he found the appellant guilty under Section 307 of the Indian Penal Code and sentenced him to undergo R.I. for 5 years.

2. It is submitted by the learned counsel for the appellant that he does not want to enter into the merit of the case, It is apparent from the bare reading of the F.I.R. as well as the statement of the informant when he was examined as P.W. 5 that he received only a single blow in the back portion of his neck and saw this appellant with a Balua in his and. The informant also admitted in para 7, in his cross-examination, that he has got a land dispute with the accused-appellant. He further submitted that the doctors P.Ws. 7 & 8, who examined the informant, has stated that they found only single injury on the scale just over the neck, which was simple in nature.

3. Learned counsel for the appellant has relied in a judgment reported in 1992 Cr. Law. Journal Page 609 in the case of Ramesh vs. State o