Hon’ble Prafulla C. Pant, J.

This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 14.11.2000, passed by learned Sessions Judge, Uttarkashi, in Session Trial No. 12 of 1997, whereby said court has convicted accused/appellant Narendra Kumar Bansal under section 307 IPC, and sentenced him to rigorous imprisonment for a period of three years and directed to pay fine of Rs. 5,000/- . In default of payment of which the convict was directed to undergo simple imprisonment for a period of six months.

2. Heard learned Amicus Curiae for the appellant, and learned counsel for the State and perused the lower court record.

3. Prosecution story, in brief, is that P.W.1 K.L. Arora, was Executive Engineer with Irrigation Construction Division, Purola, District Uttarkashi. Accused/appellant Narendra Kumar Bansal was Assistant Engineer of the same department. On 09.07.1996, at about 11:30 a.m., accused/appellant Narendra Kumar Bansal entered in the office of the Executive Engineer, and assaulted him with LATHI (stick) on his head due to which the injured started bleeding. P.W.2 Nilamber Dutt (cashie