1. The appellant has allegedly attempted to commit murder of his brother Gangdeo at about 19.00 hours on 18.01.2010 causing injuries over his ear and neck.

2. The trial Court has convicted the appellant for having committed offence under Section 307 IPC and has sentenced him to undergo R.I. for 7 years and fine of Rs.1,000/-, in default of payment of fine to undergo additional R.I. for 6 months.

3. Injured Gangdeo and the appellant are amongst four brothers. They have already separated their ancestral land. On a grievance that the injured has got extra share of land, the appellant was having a grudge. At about 19.00 hours on 18.01.2010, injured Gangdeo was warming himself through a campfire. At this point of time, the accused raised quarrel and abused him by using filthy language. He picked up an axe and caused injuries dangerous to his life by inflicting injuries over his eyes and neck. Gangdeo lodged the FIR (Ex-P/3). PW-1 Dr. Pradeep Baghel medically examined him and submitted his report (Ex-P/1). The injured was referred for better treatment to Maharani Hospital, Jagdalpur, where he was admitted from 19-01-2010 to 28.01.2010. The appellant was arrested and at his instance,