JUDGMENT

Dinesh Kumar Paliwal, J. - This criminal appeal under Section 374 (2) of the Cr.P.C has been filed by the appellant Shankar @ Shankarlal against the judgment of his conviction and order of sentence dated 14.08.1997 passed by 7th ASJ, Jabalpur in ST.No.535/94 whereby he has been convicted for commission of offence under Section 307 of IPC and has been sentenced to undergo rigorous imprisonment for a period of 5 years.

2. The prosecution story in short is that on 29.09.1994 at about 1:25 PM Ashok Choudhary, resident of Pariyat appeared at PS. Panagar along with his mother and lodged report stating that he is a resident of Pariyat and deals in leather. Today, at around 1:00 PM he along with his mother Jamni Bai had gone to Shankar's tea shop to have tea. After having tea, when they did not pay price of tea, Shankar got annoyed and scolded him. At this, he asked him that he is not fleeing and will make the payment. Some altercation took place between them but all of sudden Shankar took out a knife from his shop and gave one knife blow on his abdomen and another knife blow on the left side of axillary fossa. Shankar also threatened him to kill. Matter was pacified by his mother a