S.S. Dwivedi, J. -- 1. The appellant has preferred this criminal appeal under section 374 (2) of CrPC feeling aggrieved by the impugned judgment of conviction and sentence dated 3.8.2006 passed by second Additional Sessions Judge to the Court of First Additional Sessions Judge, Guna in Sessions Trial No. 369/05, whereby held the appellant/accused guilty for the offence under sections 302 and 323 of IPC and sentenced to imprisonment for life with fine of Rs. 500/- and 3 months RI, respectively. In default of payment of fine further ordered to suffer imprisonment for 6 months. Both the sentences are directed to run concurrently.

2. Briefly, stated facts of the case are that on 27.9.2005 complainant Ramsingh was in his field situated at village. Sirmoud. The cattle of one Dhansingh entered into the field of Ram singh. Complainant Ramsingh drove away the cattle from the field and also asked Dhansingh why he does not take proper care of cattle. Due to this, elder brother of Dhansingh, present appellant Jagdish carne on the spot and asked why he (complainant) is quarreling with Dhansingh. Thereafter, it is alleged that Jagdish had caused injury by means of stone to the complainant R