The appellant seeks to assail the judgment and order dated 7.12.2004, in Sessions Trial 85 of 2000, delivered by the 1st Adhoc Additional Sessions Judge, Nagpur, by and under which the appellant (hereinafter referred to as “the accused”) is convicted for the offence punishable under section 326 of the Indian Penal Code (“IPC” for short) and is sentenced to suffer rigorous imprisonment for 5 years and to payment of fine of Rs. 10,000/.

2. Heard Shri. Anil Mardikar, learned senior counsel for the appellant and Shri. A.V. Palshikar, learned Additional Public Prosecutor for the respondent/State.

3. The case of the prosecution, as is unfolded during the course of trial is thus:

4. The voting for the Loksabha and State Assembly election was scheduled on 5.9.1999. The deceased, Bhaiyyalal Damodar Sharma, who was a resident of village Khadka situated in Tahsil Hingna, District Nagpur, cast his vote and at 5.30 p.m. or thereabout and then came at the square near the Khadka Hingna road. The accused, who and the deceased were on inimical terms, accosted and abused the deceased Bhaiyyalal Sharma. The accused, who was armed with spear, inflicted a spear blow on the left rib. Bleeding fro