(1.) This appeal has been filed by the appellant from the jail against the judgment of conviction and order of sentence dated 12th day of March 2003 passed by the Additional Sessions Judge, Fast Track Court No. II at Chaibasa in S.T. No. 186 of 2002, whereby and whereunder the appellant has been convicted for committing offence under Section 326 of the Indian Penal Code and has been sentenced to undergo R.I. for 5 years.
(2.) The appellant was initially charged for the offence under Section 307 of the Indian Penal Code for giving a knife blow on the belly of the informant with intention to cause the death of Gurucharan Gope, but the trical Court on the facts and on consideration of the materials and evidence on record convlcted the appellant for the offence under Section 326 of the Indian Penal Code.
(3.) The prosecution case, in short, is that on on 6.5.2002 at night, the informant with his family members slept in the Veranda of his house in the early morning on 7.5.2002 someone had knocked the door of his house and told that "MUJHE BACHAO BACHAO NAHIN TO WAY LOG MAR DEGA". Hearing this, informant opened the door and saw that the appellant was standing just in front of him. Seeing the informant the appellant repeated "MUJHE BACHAO BACHAO NAHIN TO WAY LOG MAR DEGA". At this the informant took the appellant inside his house and told him to stay and sleep inside the room. The informant along with his family members also went to sleep in the Veranda. According to the informant the door of the room in which the appellant was sleeping was bolted from outside. After about half an hours the appellant wanted to urinate and at this the informant opened the door of the room. As soon as he opened the door, the appellant said to have assaulted the informant on his telly by means of a knife, due to which he received bleeding Injuries. The informant caught his hand and called Jogna Gope i.e. his wife (P.W. 6). She came and pushed the appellant inside the room and bolted the door from outside and the informant along with his family went to the house of his sister Mecho Sarder (P.W. 4) and then narrated the occurrence to her as well as to the villagers. Thereafter he became unconscious. He was removed to Sadar Hospital for treatment and in the morning he came to know that the appellant had fled away from his house after breaking open the doors. Informant specifically stated that he had no enmity of any kind with the appellant.