JUDGMENT :

Umesh Kumar, J.

This appeal has been filed against the Judgment and order dated 31.8.2004 passed by Additional Sessions Judge (Fast Track), Maharajganj in Sessions Trial No. 218 of 2003 by which accused-appellant Gopal was convicted under Section 302 I.P.C. for life with fine of Rs. 50,000/- and in default thereof imprisonment for one year; under Section 323 I.P.C. for six months with fine of Rs.1,000/- and in default thereof two months rigorous imprisonment; under Section 324 I.P.C. one year imprisonment with fine of Rs.5,000/- and in default thereof six months imprisonment; and lastly, under Section 326 I.P.C. for seven years rigorous imprisonment with fine of Rs.10,000/- and in default thereof one year further imprisonment. All the sentences were directed to run concurrently.

2. Prosecution story, in nutshell, is that informant (P.W.4) Ganga Prasad, who is the Gram Pradhan of Gram Panchayat Dhani, presented a written report at Police Station Vrijmanganj, District Maharajganj alleging that on 6.8.2003 at about 5 a.m. Gopal, son of Nand Kishor due to financial conflict assaulted his brother-in-law Govind son of Ram Lakhan with pointed rod whereby Govind sustained grievous