1. This appeal is directed against the judgment dated 10-01-2006 delivered by Shri A.K.Pradhan, learned Additional Sessions Judge, Sakti, District-Bilaspur in Sessions Case No. 116/2005 whereby the appellant was convicted under Section-307 of IPC and sentenced to undergo rigorous imprisonment for 5 years and fine of Rs.5,000/- and in default to undergo additional rigorous imprisonment for 5 months.

2. The factual matrix of the case is that on 03-05-2004 the appellant was present in the grocery shop in Village-Tushar, Police Station-Jaijaipur, District-Janjgir Champa along with his daughter aged about 11 years. Ajay Kumar Chandra PW-1, a boy aged about 11 years came there at about 05.45 A.M. for purchasing 250 grams of sugar. The appellant after weighing the sugar worth Rs.4.50 delivered it to Ajay Kumar PW-1 who paid Rs.5/- to the appellant. Since the appellant did not have change, Ajay Kumar asked for a gutka pouch. Upon this, the appellant suddenly got enraged, pushed Ajay Kumar on the ground and lifting an iron weight (Batt) of 5 K.G. hit him near the right ear and also on the left side of the head. Ajay Kumar Chandra became unconscious.

3. Khuburam Chandra PW-2, grandf