Sureshwar Thakur, J.

1. The instant appeal stands directed against the impugned judgment, of 16.10.2008, rendered by the learned Sessions Judge, Kangra at Dharamshala, in, sessions Case No. 28-N/VII-2006, whereby he convicted the appellant herein, for his committing an offence punishable under Section 307/324 of Indian Penal Code (hereinafter referred to as “IPC”) also sentenced him as follows:-

“...............to undergo rigorous imprisonment for five years and fine of Rs. 5,000/- under Section 307 IPC and rigorous imprisonment for six months and fine of Rs. 500/- under section 324 IPC. In default of payment of fine, the accused person No. 1 shall under go further simple imprisonment for six months and one month respectively on each count...........”

2. Brief facts of the case are that PW-1 Prittam Singh is running a confectionery shop at Kotla. PW-1 had been visiting his shop daily from his house situated in village Anoohi. On 19.12.2005, PW-1 had closed his shop as usual at about 7 p.m. and had left for his house. PW-1 had reached his village at about 9.00 p.m. PW-3 Mohinder Singh is also resident of village Anoohi. PW-3 had met PW-1. PW-1 wanted to make a telephonic call