JUDGMENT :

SUBHASH CHAND, J.

1. This criminal appeal has been preferred against the judgment of conviction dated 19.01.2011 and order of sentence dated 21.01.2011 passed in Special Case No. 36 of 2007 by the learned 1st Additional Sessions Judge, Rajmahal, District Sahibganj whereby the learned court below had convicted the appellant for the offence under section 326 of the Indian Penal Code and sentenced with rigorous imprisonment of six years and a fine of Rs. 1,000/-. In default of payment of fine the appellant/convict was directed to undergo additional simple imprisonment of three months.

2. The brief facts of prosecution case leading to this criminal appeal are that the informant Pandu Hembram had given the written information with these allegations that on 22.06.2006 in the morning he alongwith Somai Hembram, Saiba Hembram, Fudan Hembram and others had gone for hunting in the hillock and hunted one wild cat (banbillar). They brought the wild cat and in preparing Khichri in the night, at about 11:30 O'clock, Longra Pawaria and Baijul Murmu came at the place where the Khichri was being prepared. They demanded their share in the Khichri while they had not participated in the hunting of the wild cat. On this issue, altercation took place, both the accused abused the informant and when the informant forbaded then Baijul Murmu assaulted him with the fist and slaps. Longra Pawaria gave a knife blow in his abdomen whereby the informant Pandu Hembram sustained injury in left side of his abdomen. The persons who were present at the place of occurrence made effort to catch hold of the accused person but both the accused managed to flee away from there. On this written information, P.S. Case No. 0033 of 2006 on 23.06.2006 was registered under sections 341, 323, 504, 324, 307 r/w 34 of IPC against the accused Longra Pawaria and Baijul Murmu with the police station Ranga.

3. The investigating officer after completing the investigation filed charge-sheet against both the accused for the offence under sections 341, 323, 504, 324, 307 r/w 34 of IPC in the court of the learned ACJM, Rajmahal who took the cognizance on the charge-sheet and the offence being triable by the court of session was committed to the court of learned Sessions Judge, Sahibganj for trial.

4. The trial court framed charge against the accused persons for the offence under section 341 r/w 34, 323 r/w 34, 324 r/w 34, 307 r/w 34 and 504 r/w 34 of IPC against both the accused Longra Pawaria and Baijul Murmu. The charge was read over and explained to both the accused persons, both pleaded not guilty and claimed to face the trial.

5. On behalf of prosecution to prove the charge against both the accused persons in oral evidence examined eleven (11) witnesses. PW-1 Somai Hembram, PW-2 Fudan Hembram, PW-3 Pandu Hembram, PW-4 Kartick Hembram, PW-5 Saiba Hembram, PW-6 Somai Hembram S/o late Lakia Hembram, PW-7 Dulhan Murmu, PW-8 Rani Tuddu, PW-9 Chundai Hembram, PW-10 Lalan Prasad and PW-11 Doctor Amitesh Ranjan Srivastava.

6. On behalf of prosecution in documentary evidence filed FIR-Exhibit-1, written information/fardbeyan Exhibit-2, injury slip of Pandu Hembram Exhibit-3, the letter of Station Officer of Ranga to Medical Officer, Primary Health Centre, Ranga who examined the injury of Pandu Hembram Exhibit-4, supplementary injury report of Pandu Hembram Exhibit-4/1.

7. The statement of the accused persons under section 313 of Cr.P.C. were recorded. Both the accused persons denied the incriminating circumstances in evidence against them and no defence evidence was adduced on behalf of accused persons.

8. The learned trial court after hearing the rival submissions of learned counsel of both the parties passed the impugned judgment dated 19.01.2011 and acquitted the accused Baijun Murmu for the charge framed against him; while convicted Longra Pawaria for the charge under section 326 of IPC and sentenced with rigors imprisonment of six years and a fine of Rs. 1,000/-. In default of payme