CAV JUDGMENT

1. This appeal has been preferred by the appellant under Section

374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 23.08.2004 passed by Additional Sessions Judge, Manendragarh, District- Korea (C.G.) in Session Trial No. 109/2004, wherein the said court convicted and sentenced the appellant for commission of offence under Section 307 of IPC and sentenced him to undergo R.I. for 5 years and fine of Rs. 500/-, in default of payment of fine to undergo further R.I. for 5 months.

2. The case of the prosecution, in brief, is that the appellant is resident of Village- Lohari whereas victim- Ramcharan (PW-1) is resident of Village- Chiraipani. Marriage of the appellant was solemnized in the house of Jaimangal (PW-6) at Village- Chiraipani. On the date of incident i.e. on 24.06.2002, the appellant had gone to his matrimonial house at about 1.30 to 2.00 p.m., Jaimangal Singh (PW-6) and the appellant went to locality of victim- Ramcharan (PW-1) where they consumed liquor and thereafter they went to the house of Jaimangal (PW-6) and were talking about relationship. During talks, there was some sudden heated arguments and the accused started using filthy language