SWAPNA JOSHI, J.

1. This Appeal is preferred against the judgment and order dated 17th December, 2003 passed by the learned Additional Sessions Judge, Chandrapur in Sessions Case No. 54/1997 thereby convicting the appellant under section 307 of the Indian Penal Code and sentencing him to suffer R.I. for a period of three years and to pay a fine of Rs. 2,500/- in default, to suffer R.I. for further period of one month. The learned trial Judge further directed that if the fine amount is paid, out of the same Rs. 500/- be paid as compensation to each of the injured persons.

2. The prosecution case in nutshell is that, the appellant was a carpenter by profession. As per the orders placed by Shantabai (PW-4), the mother of the complainant-Sunil Kundawar (PW-3), the appellant had prepared some furniture. Just prior to the incident, Shantabai (PW-4) placed another order with the appellant for preparing a zoola (swing) and a chaurang (square stool). It is the case of the prosecution that Shantabai advanced some amount for the preparation of the said furniture. However, the appellant did not comply with the said order. As a result, differences cropped up between Shantabai and appell