1. This appeal is directed against the judgment dated 23.1.2003 passed in Sessions Trial No.26 of 2002 by the Additional Sessions Judge, Korba convicting the accused/Appellant under Section 307 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for 4 years and to pay fine of Rs.500/- with default stipulation.

2. Case of the prosecution, in brief, is that on 18.5.2001, Rishi Kumar Rai (PW1) had arranged a Sumo Jeep through the accused/Appellant to attend a marriage ceremony at Banaras. For driving the said Sumo Jeep, an altercation had taken place between the Appellant and Rishi Kumar Rai. On 22.5.2001, at about 10:20–10:30 p.m., Rishi Kumar Rai was standing with his friends Avinash and Sudhir (both have not been examined by the prosecution) near a betel shop in the shopping complex of MPEB. At that time, the Appellant reached there and assaulted Rishi Kumar Rai with an iron rod. As a result of the assault, he sustained injuries on the nose and head and fell down. His friends Avinash, Sudhir and Subrat (PW8) took him to the hospital. At about 10:30 p.m., Pramod Kumar Chouksey (PW3) informed father of the injured Ram Chand Rai (PW2) about the incide