JUDGMENT

Prem Narayan Singh, J. - Appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short 'the Code') against the judgment dated 15.05.2023 passed by 1st ASJ, Barwah, Khargone (M.P.) in S.T. No.11/2017, whereby the appellant has been convicted for the offence punishable under Section 307 of I.P.C. and sentenced to undergo 07 years with a fine of Rs.2000/- respectively and in default of payment of fine, to further undergo one months R.I.

2. As per the prosecution story, on 18.12.2016 at about 4:30 PM, the complainant Manoji, Vikas and Vasim were going towards Balwada on Motorcycle. The appellant, Vijay and co-accused Jitenra was coming from Balwada on motorcycle. All of a sudden, there was a collision taken place between both the motorcycles and on this issue, there was a dispute between the parties. They started to beat each other. In the heated spur of moment, the applicant Vijay picked a wooden stick from the spot itself and caused injury to injured Vikas, the dispute was intervened by other persons. Later on, an FIR was lodged under Section 294, 323, 506 of IPC. During the investigation and after the MLC, the offence under Section 3