( 1 ) BY this appeal, the appellant has challenged his conviction for offences punishable under sections 323 and 304 Part I of the Penal code and sentence of rigorous imprisonment for one month and fine of rupees one hundred and rigorous imprisonment for seven years and fine of rupees two thousand on each count imposed upon him by the learned 2nd Additional sessions Judge, Nagpur, in Sessions Case No. 275 of 1993 before him.

( 2 ) FACTS, which led to the appellants prosecution, are as under : on 8-10-1992, between 7. 30 and 8 p. m. , victim Manoj Gautam, his sister sunita, mother Vidya and brother Vinod were attending religious function-Arti of goddess Shardadevi, whose idol was installed at Village Bazargaon. Accused afsar Khan was also present there and was fiddling with the buttons of loudspeaker, causing annoyance to the persons present. When Manoj objected, a quarrel erupted and the accused rushed with the stick to beat Manoj. Sunita intervened and received the stick blow and was, therefore, was moved away by her relations. The accused went home and returned with the gupti (sword stick) and gave a blow by the sword stick on the neck of Manoj, causing a severe bleeding to Manoj

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