JUDGMENT :

Prem Narayan Singh, J.

The present appeal has been filed on behalf of the appellant under Section 374 being disgruntled by the order dated 08.01.2024 passed in Sessions Trial No. 21/2021, whereby the appellant has been convicted for the offence under Section 304 (Part-II) of the INDIAN PENAL CODE , 1860 (hereinafter referred as to ' IPC , 1860') for 9 years R.I. with fine of Rs.5,000/- and default stipulation.

2. The Prosecution case, in a nutshell, is that on 04.06.2021, the complainant Pankaj S/o Shivram Bhagora alongwith his grandfather Raichand, his father Shivram and her mother Durgabai were preparing a hut for living in their own field. At the same time, Ambu Ganawa, Dinesh Ganawa, Ramesh Ganawa and Basantibai Ganawa resident of Kunwarjhar came there and said “why are they constructing a hut on that land”, by saying this, they started to abuse the complainant party. On refusal, the appellant took angle lying near the house of Kalu Khadiya and assaulted the complainant’s grandfather on his head and on face, due to which blood started oozing and Dinesh assaulted complainant’s father on the head and right leg, due to which, blooding was started. Ambu Ganawa threw a stone