ORDER

1. The appellant's conviction under Section 308 of Indian Penal Code (hereinafter, "IPC") and resultant sentence of three years with a fine of Rs. 15,000/-, which has been further upheld by the High Court of Delhi vide impugned judgment dated 08.02.2010, is the subject matter of challenge in this appeal.

2. The prosecution case is that firstly the appellant slapped the injured (PW-2) on 28.01.2003 upon the latter's refusal to repay a debt of Rs.100/-and thereafter, when the injured proceeded to make a telephone call to his father, the appellant attacked him from behind with a sharp-edged weapon and inflicted injury on the left temple/head near his eye. A case under Section 324 of IPC was registered on the statement of the injured, but after obtaining the Medico Legal Report, the offence was converted to one under Section 308 of IPC. The appellant in his defence claimed that a brawl had taken place between his father and the injured over payment of money and he was not present at the place of incident and had been falsely framed in the case. The appellant further took a plea that the injured had collided with a lamp post and cable strips, and had injured himself. The appellant