1. The appellant accused has preferred this appeal being aggrieved by the judgment dated 5.2.2000 passed by Sessions Judge Indore, in S.T. No.195/1997 whereby he has been convicted under section 307 of IPC with a direction to undergo for 6 months with fine of Rs.500/- and in default of depositing the fine further simple imprisonment for a period of one month has been awarded.

2. The fact giving rise to this appeal in short are that on dated 23.10.1996 at about 12:30 in the night some police official of Police Station Pardesipura Indore, has drawn up a DehatiNalishi at the instance of one Jayram, the brother of the victims against the appellant for the offence of section 307 of the IPC on which the original Crime No.515/1996 on the same day at the aforesaid police station was registered at about 1:30 in the night. As per averments of the Dehati Nalishi in the beginning part of aforesaid night at about 9 O’clock after taking the meals said complainants had gone to relax. At about 11 O’clock in the night from the house of his brother, Hemraj who is residing nearby he heard the shouting of some quarrel on which he went towards that side. He saw that Hemraj was crying and