Criminal Appeal (SJ) No. 237 OF 1995 ******** Against the judgment and order of conviction dated 31.7.1995 passed in Sessions Trial No. 345 of 1993 by the learned Sessions Judge, Saran. ****** DEONATH RAM S/O SRI ALAGU RAM R/O VILLAGE- SAHADI, P.S.- AMAUAUR, DISTRICT- SARAN (CHAPRA) ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Ms. Abha Verma (Amicus Curiae) For the State : Mr. Chaubey Jawahar APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant has been convicted under Section 307 I.P.C. and sentenced to rigorous imprisonment for 7 years by the Sessions Judge, Saran in Sessions Trial No. 345/1993 by the judgment dated 31.7.1995. 2. The case of the prosecution is that on 10.5.1992 for a minor matter the appellant abused the informant and also assaulted him with Fasuli in his hand and when one Bharat Ram came to his rescue even he was assaulted by the appellant. 3. During trial the prosecution examined 8 witnesses out of whom P.W. 6 is the doctor who examined the two injured whereas P.W. 4 is the informant and P.W. 3 is the next injured eye-witness, P.W. 1 is the father of the informant who said to have arrive after the occurrence whereas P.W. 7 is brother who also came to the place of occurrence after the occurrence, the Investigating Officer has not been examined. 4. From the evidence of P.W. 3 and 4 there is no doubt that the appellant had assaulted the two injured with a fasuli repeatedly but all the injuries sustained by them are simple in nature accept one who had cut the vessel, direct on the right side of the neck of the informant. 5. However, considering the manner of occurrence as also the nature of injuries, I am not inclined to sustain the conviction of the appellant under Section 307 I.P.C. and, therefore it is converted to one under Section 326 I.P.C. and the sentence to a period already undergone by him. In the result the appeal is dismissed with the modifications in sentence as noted above. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 03rd May, 2011 NAFR/ Fahad.