1. This Criminal Appeal has been filed against the judgment and sentence dated 25.4.2011 passed by Additional Judge to the Court of 2nd Additional Sessions Judge (Fast Track Court), Ganjbasoda, District Vidisha in Sessions Trial No.215/2010, by which the appellant has been convicted under Section 306 of I.P.C. and has been sentenced to undergo the rigorous imprisonment of 7 years and a fine of Rs. 500/-with default imprisonment.

2. The necessary facts for the disposal of the present appeal in short are that the deceased Biharilal was an old and infirm person and had two daughters and they were already married and were residing in their matrimonial home. The deceased had 5 Bigha of land which was being cultivated by Ballu, Puran and Bihari. It is the prosecution case that the daughter-in-law of the deceased as well as the wife of the appellant, had contested the election for the post of Sarpanch, and both of them lost. On this issue, the appellant used to abuse the deceased. On 1.6.2010, at about 4-4:30 P.M., the appellant was abusing the deceased and his brother Sokal. When the deceased objected to it, the appellant slapped him and also assaulted him by fists and blows. As