JUDGMENT :

1. The accused has preferred this appeal under Section 374(2) of the Criminal Procedure Code, 1973 against the judgment and order of conviction dated 27.02.2007 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Patan (hereinafter be referred to as “the trial Court”) in Sessions Case No. 16 of 2005, whereby present appellant (accused) has been convicted for the offence punishable under Section 307 of the Indian Penal Code and directed him to undergo sentence of rigorous imprisonment of four years for the said offence with fine of Rs.1,000/- and in default of payment of fine, to undergo simple imprisonment for one month.

2. The case of the prosecution briefly is that on 27.07.2004 at about 8.00 a.m., son of complainant Prakashji left for Sidhdhpur, at that time, the two persons i.e. accused ran behind Prakashji and inflicted a blow of dharia on back side of the head of Prakashji, by the appellant and Prakashji fell down and, thereafter, the accused persons ran away. That Prakashji became unconscious and he was taken to the Civil Hospital, Sidhdhpur and, thereafter, referred to the Civil Hospital, Mehsana where the First Information Report being C.R.No.I