JUDGMENT

Ram Prasanna Sharma, J. - This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 28.10.2003 passed by Additional Sessions Judge, Baikunthpur (Korea) (C.G.) in Session Trial No. 232/2003, wherein the said court convicted the appellant for commission of offence under Section 304 (Part-II) of IPC, 1860 and sentenced to undergo R.I. for 5 years and fine of Rs. 3000/- with further default stipulations.

2. In the present case, name of the deceased is Mangal who was son of Buddhu Singh Gond. As per version of the prosecution, there had been some dispute between the deceased and the appellant and on 13.06.2003 at about 8:00 p.m., the appellant hit the deceased with Lathi on his head as a result of which Mangal died. The matter was reported, appellant was charge-sheeted and after completion of trial, the trial court convicted the appellant as mentioned above.

3. Learned counsel for the appellant submits as under:-

(i) All the prosecution witnesses are hostile and they have not supported version of the prosecution, but the trial court recorded finding of conviction on the basis of imagination which is not permissible under the l