ORDER

1. This Criminal appeal under section 374(2) of Criminal Procedure Code has been filed by the appellant- Shriram @ Tinku against the judgment of conviction and order of sentence dated 30.7.2021 passed by Ist Additional sessions Judge, Waraseoni District Balaghat in Sessions Trial No. 46/2019, whereby appellant has been convicted for the offence punishable under section 307 of IPC and has been sentenced to 07 years R.I. and fine of Rs.2000/-, in payment of default of fine, shall further undergo R.I. for a period of 2 months.

2. The prosecution story, in short, is that on 9.6.2019 at around 5.30 P.M. Ku. Udasa and her brother and sister were sitting outside their home in the courtyard. Her father Gunaram Damahe was coming from bus stand side. In the meanwhile, appellant who resides nearby her house, was standing outside the house. When his father Gunaram Damahe reached near his own house, appellant-accused due to previous enmity of burning old house, brought an axe from his house and assaulted him causing injuries on head, temple, back and waist due to which Gunaram fall on the earth and appellant/accused ran inside his house. Injured Gunaram was taken to the Govt. hospital Khairlanji and thereafter alongwith her cousin brother Durga Mandrole went to police station to lodge F.I.R.

3. On the basis of complaint, on 9.6.2019 Police Khairlanji District Balaghat registered the F.I.R No.164/2019 for commission of offence under section 307 of IPC. Dr.Nagendra Pal working in CHC Khairlanji examined injured and prepared the report Ex.P/16 regarding fatal injuries caused to injured. On the same day, Inspector Puran Sharma seized blood stained and simple sand from the scene of incident and prepared seizure memo Ex.P/3. Statements of witness Ku. Udasa and Shyam Kumar were recorded. On 10.6.2019, spot-map Ex.P/2 was prepared. Statement of witness Durga Prasad was recorded. On 11.6.2019, an application to prepare map of incident (Ex.P/18) was transmitted to Tehsildar and statements of witness Nirasha Damahe and Malti Bai were recorded. On 12.06.2019 accused was arrested and arrest memo Ex.P/10 was prepared, memorandum Ex.P/11 was recorded and weapon axe was recovered from possession of the accused. Query about nature of injuries was made from the Doctor. Patwari prepared the spotmap Ex.P/4.

4. After investigation charge sheet was filed before the JMFC, Waraseoni, who in turn, committed the case to the Court of Sessions. Learned Ist Additional Sessions Judge, Waraseoni District Balaghat framed charge against the appellant/ accused for commission of offence under section 307 of IPC. Accused abjured his guilt and claimed to be tried.

5. Learned Additional Sessions Judge, Waraseoni after recording the evidence of prosecution witnesses and hearing counsel for the parties, held the accused-appellant guilty for commission of offence under section 307 of IPC and sentenced him as mentioned in para-1.

6. Being aggrieved by the conviction and sentence imposed upon the appellant-accused, this appeal has been filed.

7. Learned counsel for the appellant has submitted that no fatal injury was caused to the injured which would make out a case under section 307 IPC. At the most the offence under section 325 of IPC is made out. Injured Gunaram (P.W.2), Ku. Udasa Damahe (P.W.1), Nirasha Damahe (P.W.3), Shyam Kumar (P.W.9) and Malti Bai (P.W.4) are interested witnesses and there evidence has not been corroborated with the independent prosecution witnesses. The evidence of aforesaid witnesses suffers from contradictions and omissions and they have admitted the factum of previous enmity with the appellant with regard to burning of old house. It is further contended that the learned Trial Court has committed error in convicting the appellant for commission of offence under section 307 of IPC. It is lastly submitted that the alleged incident has taken place in the year 2019. More than 5 years have elapsed and since the incident and during this period, no offence has