Manindra Mohan Shrivastava, J.

1. This appeal is directed against impugned judgment of conviction and order of sentence dated 29-4-98 passed in Sessions Trial No. 167/97 by the 2nd Additional Sessions Judge, Raigarh whereby the appellant has been held guilty of commission of offence as described below-

Conviction	Sentence
Under Section	7 Years R.I and fine of Rs. 1,000/- and default of fine, three months simple imprisonment.

Prosecution story, as unfolded from the records of the case is that on 8-6-97, the appellant and the victim-Ramnath (PW 1), who are brothers, were sitting in the veranda and consuming liquor. During that time, certain words were uttered by the victim. It is said that there were abuses hurled and then the appellant picked up axe and gave a blow on the neck of the victim resulting in incised wound. The incident was reported to the police. Victim-Ramnath (PW1) was sent for medical examination and treatment.

He was examined and treated by Dr. Basant Singh (PW 6), FIR was lodged in the police station by Umesh Singh (PW 2), son of the