Prashant Kumar, J. - (1.)THIS appeal is directed against the judgment of conviction and order of sentence dated 30.09.2002 and 03.10.2002 respectively passed by Additional Sessions Judge, F.T.C -I, Pakur in Sessions Case No. 108 of 2001/122 of 2002 whereby and whereunder the appellant has been convicted under Section 307 of the Indian Penal Code and sentenced to undergo R.I. for 5 years and directed to pay fine of Rs. 500/ - and in default of payment of fine, further sentenced to undergo R.I. for 2 months.
(2.)THE case of the prosecution, in short, is that on 10. 06. 2001 at 10 P.M. the informant (P.W. -5) had gone to the house of Wakil Rajwar for purchasing liquor. It is further stated that while he was returning from there and when he reached near the house of appellant, suddenly appellant came and abused him. It is further alleged that appellant assaulted him with fists. It is stated that when he protested, appellant took out a knife from his waist and gave a knife blow on his chest. It is further alleged that appellant gave him repeated blow of knife. It is stated that on the alarm, raised by the informant, his brother Wakil Murmu arrived and tried to rescue him. It is further alleged that in course of occurrence, Wakil Murmu also received injury.
On the basis of aforesaid information, Pakur (T) P.S. Case No. 128 of 2001 dated 11. 06. 2001 under Sections 323/324/341/307 of the Indian Penal Code instituted and police took up investigation. After completing the investigation, police submitted charge -sheet under Sections 323/324/341 & 307 IPC. It appears that after cognizance, case committed to the court of sessions, as the offence under Section 307 IPC is exclusively triable by the court of sessions.

(3.)AFTER commitment, Assistant Sessions Judge, Pakur vide order dated 07.12.2001 framed and explained the charge to the appellant under Section 307 of the IPC, to which he pleaded not guilty and claimed to be tried. Thereafter, prosecution examined altogether eight witnesses in support of its case. After close of case of prosecution, the statement of appellant recorded under Section 313 of the Cr. P.C. in which his defence is of total denial. Thereafter learned court below after considering the evidences available on record, convicted and sentenced the appellant as stated above, against that the present appeal has been filed.