Heard Mr. Lotlikar, learned Senior Counsel for the appellant and Mr. Rivonkar, learned Public Prosecutor for the respondent.

2. By this appeal, the appellant ('the accused' for short) takes exception to the Judgment and Order dated 29th April, 2010, passed by the Additional Sessions Judge, Panaji in Sessions Case No. 27/2009, convicting the accused for the offence punishable under Section 307 of Indian Penal Code (IPC) and sentencing him to undergo Rigorous Imprisonment for four years and to pay a fine of Rs. 5,000/- and, in default, to undergo Simple Imprisonment for 3 months. The accused has been acquitted of the offence punishable under Section 504 of IPC. The fine amount is ordered to be paid to the victim as compensation, in the event the same is paid by the accused.

3. Briefly, the prosecution case leading to filing of the present appeal is, as under:

On 22.3.2008, at around 10.30 p.m., PW.5 Deepak Redkar, along with his brother PW.3 Dinesh Redkar had gone for celebration of Holi at Rawargadi Temple at Nachinola. There were several persons gathered from the village. At about 1.30 a.m., when the celebrations were about to end, they started returning. At that time, they n