JUDGMENT

Bhawani Singh, J. - The appellant, Madan Lal, feels aggrieved by the judgment of learned Sessions Judge, Una, in Sessions Case No. 8 of 1985, Sessions Trial No. 6 of 1986. By this decision on 31-3-1986, the learned Sessions Judge convicted the appellant under Section 307 of the Indian Penal Code to suffer rigorous imprisonment for a term of five years and to pay a fine of Rs. 500/- or in default of payment of fine to suffer rigorous imprisonment for additional term of six months.

2. The appellant challenges this judgment by way of this appeal.

3. Let the prosecution case be narrated briefly thus. The appellant was a private medical practitioner at. Badoohi Chowk in Una. Shattar-Din, complainant (P.W. 2), was a vegetable seller at the same place, occupying a khokha near a liquor vend and before leaving this place to his village, unsold vegetables used to be kept in this khokha by him. The appellant, the prosecution alleges, used to purchase vegetables from the complainant and on the day of the occurrence, the appellant owed Rs. 10.75 to the complainant towards the price of vegetables.

4. On February 19, 1985, the complainant came to open the shutter of the khokha at about 7