JUDGMENT

Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to the judgment rendered by a Division Bench of the Madhya Pradesh High Court, Jabalpur Bench confirming the conviction of the appellant in terms of Section 307 of the Indian Penal Code, 1860 (in short the IPC) as done by the trial Court. However, the custodial sentence of imprisonment for life imposed was reduced, quantum of fine was increased from Rs.5,000/- to Rs.30,000/- and in default sentence was stipulated. The custodial sentence of two years was imposed. It was held that in case the fine is not paid within four months, the accused shall undergo further rigorous imprisonment for four years. The fine amount on deposit was to be paid as compensation to the victim.

3. The factual background in a nutshell is as under:

Complainant Mahabali on 18.11.2002 at about 5.00 p.m. was grazing his ox in his field. His sister-in-law Jamuni Bai was cutting the crop. On hearing her cry for help, the complainant rushed towards her and found that the appellant had entered into an altercation with her. He found that the appellant was carrying a gun and was restraining his sister-in-law from cutting the crop. On seeing the