This appeal is directed against judgment dated 30-5-2003 passed by 1st Additional Sessions Judge, Mahasamund in Sessions Trial No. 412/2002. By the impugned judgment, accused/appellant Milan Kumar has been convicted under Section 304 Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 5 years and co-accused Dhashrath Netam has been acquitted of the charges framed against him.

2. Case of the prosecution, in brief, is as under:

10-12 days prior to the date of incident, the appellant and acquitted accused Dashrath Netam had come to Village Fuljhar along with snakes to earn money for livelihood. They were teaching Mantra of snake and scorpion bite. Villagers Chhalu Khairwar, Konda alias Om Prakash Gond, Komal Dhruw, Rajendra Dhruw, Adharu Dhruw, Kartik Ram Dhruw, Ghasiram and Bhuneshwar alias Makhanu had gone to the appellant and acquitted accused Dashrath to learn Mantra. The appellant and acquitted accused Dashrath had kept variety of snakes in different boxes. After three days training, on 16-8-2002, acquitted accused Dashrath gave a piece of Layee (made of paddy) to all the learners having dipped in poison of Domi Snake (Indian Cobra). All the ab