D. N. PRASAD, J.

( 1 ) THIS appeal is directed against the judgment of conviction and sentence dated 19-12-1990 passed by the learned Sessions Judge, Dumka, whereby and whereunder the learned Sessions Judge convicted the appellant under S. 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years in connection with Sessions Case No. 122 of 1990.

( 2 ) THE prosecution case in brief is that on 17-8-1989 at about 8 a. m. the Informant Jitan Murmu was sitting on the Verandah of his house. In the meanwhile, his brother Tanti Murmu (Appellant) came there, having Gupti in his hand and he gave a Gupti blow on the informant hiting him on his forehead above the left eye, as a result of which the Informant became unconscious. It is further alleged that the wife of the Informant came there and started raising Halla. Thereafter the villagers also rushed to the spot.

( 3 ) THE informant, thereafter, lodged FIR, Police investigated into the case and submitted charge-sheet under S. 307/324 IPC. The appellant appeared before the Sessions Judge, whereupon charge was framed under S. 307 IPC, to which he pleaded not guilty.

( 4 ) SIX witnesses have been