JUDGMENT :

Subhash Chand, J.

This criminal appeal has been preferred against the judgment of conviction dated 11.08.2011 and order of sentence dated 16.08.2011 passed in S.T. No.436 of 2006 arising out of Karra P.S. Case No.18 of 2006 corresponding to G.R. No. 209 of 2006 by the learned 1st Additional Judicial Commissioner, Khunti whereby the learned court below had convicted the appellant for the offence under section 307 of the Indian Penal Code and sentenced with rigorous imprisonment of five years and a fine of Rs.3,000/-. In default of payment of fine the appellant/convict was directed to undergo rigorous imprisonment of three months.

2. The brief facts leading to this criminal appeal are that the informant Tulsi Ram had given the written information with these allegations that on 13.04.2006 all have gone to sleep after having taken food in night. In the intervening night of 13.04.2006 at 2 O'clock the informant felt pain in his stomach and he went out of the house to respond the call of nature in the nearby bari. When he came back to his house Mahadeo Ram, son of late Lakhan Ram armed with tangi came and assaulted him. First blow was given by Mahadeo Ram on his head which was re