1. Heard the parties.

2. This appeal is directed against the Judgment of conviction dated 14.07.2005 and Order of Sentence dated 16.07.2005 passed by the Additional Sessions Judge, Fast Track Court-I at Chaibasa, in Sessions Trial No.220 of 2004 whereby and where under the sole appellant has been held guilty for the offence punishable under Section 307 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for five years with fine of Rs.1,000/- and in default of payment of fine he was further sentenced to undergo rigorous imprisonment for three months.

3. The case of the prosecution in as unfolded in the Fardbeyan of the informant is that the intervening night of 8th-9th June of 2004, the informant after taking supper, was sleeping. At about 10:00 p.m., the accused-appellant- who is the younger brother of the informant-victim, assaulted the informant-victim with a tangi on his left arm and when the informant tried to save himself, the accused-appellant assaulted him on his nose, shoulder and when the wife of informant-victim raised alarm the accused-appellant fled away. On hearing the alarm, the elder brother of the informant namely Budhu Gope and