JUDGMENT :

1. This appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 23.08.2004 passed by Additional Sessions Judge, Manendragarh, District- Korea (C.G.) in Session Trial No. 109/2004, wherein the said court convicted and sentenced the appellant for commission of offence under Section 307 of IPC and sentenced him to undergo R.I. for 5 years and fine of Rs. 500/-, in default of payment of fine to undergo further R.I. for 5 months.

2. The case of the prosecution, in brief, is that the appellant is resident of Village- Lohari whereas victim- Ramcharan (PW-1) is resident of Village- Chiraipani. Marriage of the appellant was solemnized in the house of Jaimangal (PW-6) at Village- Chiraipani. On the date of incident i.e. on 24.06.2002, the appellant had gone to his matrimonial house at about 1.30 to 2.00 p.m., Jaimangal Singh (PW-6) and the appellant went to locality of victim- Ramcharan (PW-1) where they consumed liquor and thereafter they went to the house of Jaimangal (PW-6) and were talking about relationship. During talks, there was some sudden heated arguments and the accused started using filthy language t