JUDGMENT :

This appeal is directed against the Judgment of conviction and order of sentence dated 27.01.2007, passed by the learned 3rd Additional Sessions Judge, Garhwa, in S.T. No. 120 of 2002, in connection with Meral P.S. Case No. 67 of 2001, corresponding to G.R. Case No. 630 of 2001, whereby and where under the sole appellant was convicted for the offence punishable under sections 324 and 341 of the Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and he was sentenced to undergo rigorous imprisonment (hereinafter referred to as the R.I.) for a period of 9 (nine) months for the offence punishable under S. 324 of the I.P.C. but no separate sentence was awarded for the offence punishable under section 341 of the I.P.C. The learned Court below further directed that the period of sentence already undergone by him in jail would be set of as per the provisions laid down u/S. 428 of the I.P.C.

2. The prosecution story as set out in fardbeyan by the informant Awadh Kishore Deo recorded by S.I. Sri M. Imam of Meral Police Station on 06.09.2001, at about 11:00 p.m. at Sub-Divisional Hospital, Garhwa, where it has been alleged that on 06.09.2001, in the evening at about 7:00 p.m., the informant-cum injured Awadh Kishore Deo (P.W. -3) sat at Devasthal situated at village Parua within the jurisdiction of Meral P.S. in the District of Garhwa. Thereafter, at about 7:15 p.m., he left the place by saying to Lakhan Koiri and Talwan Mahto, who were also sitting there that he was going to his house as his wife was alone in the house. He (the informant) had a five cells torch in his hand. When he reached about 5 steps ahead of aanganbari, he felt that someone was coming from behind. He turned his face by switching on his torch and saw that that person was one Jitendra Chandrawanshi who wore only paijama and having a danda fitted in spade in his hand. When he asked him that where he was going, he responded that his wife was ill, so he had gone to Dr. Binod to bring medicine. He (Jitendra) advised him to by Himgange Oil from the shop of one Raja Sao which would cure the headache and to get his wife treated at Robartsganj. Thereafter, he proceeded towards his house and when he reached near Bamboo clamp (Bans ka Bakhar) about 10 steps ahead, all of a sudden, one person having armed with a deadly weapon attacked him on his left hand from the bamboo clamp for which he sustained injury and fell down on the ground. He identified the assailant in torch-light as his villager Vijay Yadav (the appellant accused). Thereafter, he was inflicted gadasa-blow on his head and neck and when he warded off with his right hand, he sustained injury on his right hand. He had been assaulted by the accused with deadly weapon and when he raised hulla (alarm for help), although 4 to 5 persons were present in the shop of Raja Sao situated at a distance of about 20 steps from there, but no one tried to save him. Vijay Yadav (the sole appellant) caused him serious injuries which were fatal and then fled away towards northern direction. At the time of occurrence, Raja Sao himself was sitting at his shop. After a short-while villagers came there. Out of them Raja Sao came firstly.

3. On the basis of the fardbeyan containing the aforesaid allegations, a case was registered as Meral P.S. Case No. 67 of 2001 u/Ss. 327, 307, 120-B of the I.P.C. against Vijay Yadav (the sole appellant), Jitendra Chandrawanshi and Raja Sao. After completion of investigation, a charge-sheet was submitted on 07.10.2001 u/Ss. 324, 341, 307, 120-A and 34 of the I.P.C. against the accused persons named above and after taking cognizance, the case was committed to the Court of Sessions by S.D.J.M., Garhwa on 04.10.2002. Thereafter, the case has been transferred to the file of the Court of learned 3rd Additional Sesions Judge, Garhwa for favour of trial and disposal. In examination u/s. 313 of the Cr.P.C., 1973, the accused persons denied their allegations. In defence some oral evidences have b