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 to Jaimangal & Ramcharan and when Ramcharan objected the same, the accused again abused him, thereafter the accused attacked to the victim-Ramcharan by spade which was kept there on back of his head and caused grievous hurt to him. With assistance of other witnesses, the victim was taken to Police Help Centre, Nagpur from where he recorded Dehati Nalsi (Ex. P/1) and thereafter Crime No. 275/2002 was registered for commission of offence under Section 307 of IPC and investigation was initiated. After completing all the formalities, charge-sheet was filed before the Judicial Magistrate First Class, Manendragarh, who has committed the case to the learned Sessions Judge, which was subsequently transferred to Additional Sessions Judge, Manendragarh for trying the offence under Section 307 of IPC.

3. The prosecution, in order to bring home guilt of appellant, has examined eight witnesses namely Ramcharan (PW-1), Doraj (PW-2), S. Das (PW-3), Dr. P.K. Rohan (PW-4), Ramcharan Singh (PW-5), Jaimangal Singh (PW-6), Premlal (PW-7) & I.M. Kureshi (PW-8) and exhibited documents namely FIR (Ex. P/1A), Dehati Nalsi (Ex. P/1), Property seizure memo (Ex. P/2), memorandum statement of Shobhnath recorded under Section 27 of Evidence Act (Ex. P/3), seizure memo (Ex. P/4), X-ray plate (Ex. P/5), opinion of doctor (Ex. P/6A), MLC report (Ex. P/6), opinion of doctor (Ex. P/7A), examination of spade (Ex. P/7), letter to CMO (Ex. P/8A), report of Chief Medical Officer (Ex. P/8), property seizure memo (Ex. P/9), Statement of Ramcharan (Ex. P/10), Statement of Jaimangal Singh (Ex. P/11), Property seizure memo (Ex. P/12), Najri Naksha (Ex. P/13), letter written by Superintendent of Police for forensic examination (Ex. P/14) & receipt of FSL (Ex. P/15). The accused was examined under Section 313 of the Cr.P.C. wherein he has denied the charge levelled against him and pleaded innocent.

4. Victim-Ramcharan (PW-1) has stated that the appellant assaulted him by spade and caused injury on his head, there was bleeding, he fell down and became unconscious. In his cross-examination, he has denied that Shobhnath was pulling spade and then only he has sustained injuries on his head.

5. S.Das (PW-3) who is an X-ray technician has stated that he has done X-ray of the victim and has exhibited X-ray plate (Ex. P/5).

6. Dr. P.K. Rohan (PW-4), who examined the injured has stated that the injuries have been sustained by hard and sharp edged weapon, which are grievous in nature. He has exhibited X-ray report and stated that there was some fracture in bone. In his cross-examination, he has admitted that the injuries could be caused by hard and blunt object also. He has also stated that there was fracture in upper table as well as inner table of head.

7. The statement of the accused/appellant has been reco