( 1. ) APPELLANT has filed this appeal against the judgment dated 27th november 2002, passed by Sessions Judge, Bhopal, in Sessions Trial no. 159/2002, convicting him under Section 307 of the Indian Penal Code and sentencing him to rigorous imprisonment for five years with fine of rs. 5,000/ -.

( 2. ) IN short the facts of the case are that on 10. 2. 2002 at about 1. 30 p. m. when complainant Firoz Khan @ Chhotu alongwith his friends Vipin and vinod was going on the motorcycle, near Jain Temple in Shabri Nagar, accused Jitendra inflicted a blow by a cricket stump on his head. Other co-accused viz. Banti @ Shailendra, Sonu and Sunil also assaulted him by iron rod and by fists kicks. As a result of head injury Firoz Khan fell down. Vipin and Vinod took him to Police Station, Nishatpura, Bhopal, where he lodged fir (Ex. P/1) against the accused persons. He was sent to Hamidiya Hospital for treatment. Dr. Kutubuddin Ali (PW-6) treated him and examined his injuries. C. T. Scan examination was also done. According to C. T. Scan report, on the back side of his head, there was a large sub dural haematoma with haemorrhage. Externally there was a lacerated wound on his left parietal r