Veena Birbal, J.

1. By way of present appeal, a challenge has been made to the judgment dated 24th May, 2000 and order of sentence dated 26th May, 2000 passed by the learned Additional Sessions Judge in S.C.No.154/98 arising out of FIR no.143/98 u/s 308 IPC Police Station Timar Pur whereby the appellant has been convicted for the offence punishable u/s 308 IPC and vide aforesaid order of sentence, has been sentenced to undergo RI for two years with fine of Rs.500/- each and in default of payment of fine, to further undergo RI for three months each.

2. The case of the prosecution is based on statement Ex.PW 1/A alleged to have been made by Akbali Yadav, PW-1 to ASI Mahipal Singh, PW-4 wherein it is alleged that on 13th March, 1998 on the day of Holi, he along with his uncle i.e., injured Jagdish Yadav PW 2 had gone to play Holi in their neighbourhood. In the meanwhile, some neighbours had informed that a crowd had gathered in the Gali. Thereupon he along with Jagdish Yadav, PW-2 had gone there. It was about 1.30 pm. There they saw appellant was uttering abuses. They objected to the same. The appellant asked them to remain quite. His uncle injured Jagdish yadav, PW-2 gave a s