K.C.Puri, J.

1. This is an appeal directed by lshwar Singh s/o Har Narain, r/o village Dhani Biran, P.S. Tosham, District Bhiwani, against the judgment dated 29.8.1998 passed by Sh. J.S. Jangra, Additional Sessions Judge, Bhiwani, vide which the accused has been convicted under Section 307 IPC and sentenced to undergo rigorous imprisonment for a period of three years with a fine of Rs. 2,000/- and in default of payment of fine he was to further undergo rigorous imprisonment for a period of six months.

2. The law was set on motion on recording the statement of Vijender Singh (brother of the injured) on 31.12.1996, who has stated that on 28.12.1996, at about 4.00 P.M., his brother Surender Singh, was playing cricket near the pond of Chandwala alongwith other children of the village. He had gone to the pond with his buffalo to quench the thirst of the buffalo. Surender Singh and lshwar Singh accused started to quarrel with each other and at that time, lshwar Singh-accused gave one blow of wicket on the left parietal of the head of Surender Singh and due to that his brother Surender Singh fell down and became unconscious. The blood came out from his ear. At that time, Sudesh s/