SUNIL KUMAR SINHA, J.

( 1 ) THIS appeal is directed against the judgment and order of conviction and sentence dated 25. 08. 1989 passed in Session Trial No. 24/89 by the First additional Sessions Judge, Bilaspur. The learned trial Judge, after holding the appellant guilty of the offences punishable under Sections 304 Part I and 323 of IPC, sentenced him to undergo RI for seven years and RI for six months, respectively. He also directed the sentences to run separately.

( 2 ) THE case of the prosecution is that 4-5 days prior to 15. 10. 1988, the accused- appellant showing his right over the open land (Kotar) of the deceased Sudarshan, had made some fencing by plantation on which deceased sudarshan had resisted. But, the dispute between them continued and on 15. 10. 1988 when the accused again went to the said kotar and started working over the land, the deceased again resisted, due to which certain quarrel took place and in the said quarrel the accused gave two pickaxe blows to the deceased causing injuries over his head and right hand. Lachanbai (PW-1), the wife of the deceased went to intervene, on which the accused also caused injury to her. The matter was reported to the police

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