JUDGMENT : – This Criminal Appeal under section 374(2) of Criminal Procedure Code has been filed by the appellant Satish Kumar @ Gudda against the judgment of conviction and order of sentence dated 23-10-1998 passed by learned Additional Sessions Judge, Jabalpur in Sessions Trial No. 964/1994, whereby the appellant Satish Kumar @ Gudda has been convicted for the offences punishable under sections 307 and 324 of Indian Panel Code and has been sentenced to undergo rigorous imprisonment for a period of 07 years and fine of 2000/- for commission of offence under section 307 of Indian Penal Code and rigorous imprisonment for a period of 01 year and fine of Rs. 500/- for commission of offences under section 324 of Indian Penal Code. He was further directed to undergo rigorous imprisonment for a period of one year and two months in default of payment of fine amount imposed upon him.

2. The prosecution story in short is that on 12-7-1994 at around 01:30 p.m. Santu @ Santosh who was admitted in Victoria Hospital, Jabalpur informed ASI K. G. Goswami (PW-1) that he resides near Pratap Dharam Kanta and makes shoes. Today i.e. 12-7-1994 at around 01:00 p.m. he along with Narayan Choudhary was s