JUDGEMENT

This criminal appeal has been preferred against the judgment of conviction and sentence passed on 16.2.2006 by First Additional Sessions Judge, Damoh, in Sessions Trial No.77/1998 holding the appellant guilty of the offence of Section 324 (on two counts) of IPC and sentencing him to one year rigorous imprisonment and fine of Rs.1,000/- under each count and to undergo additional rigorous imprisonment of one month for each default of payment of fine.

2 . Brief facts of prosecution case are that on 28.2.1998 appellant Ram Kumar along with his brother Shyam Kumar (co-accused before the trial court) was assaulting and abusing Jeevan Mishra, who is the nephew of complainant Vishnu Mishra; Laxmi Prasad, the younger brother of Vishnu Mishra, tried to intervene but appellant Ram Kumar caused injuries to Jeevan Mishra with an axe carried in his hand and this resulted into injuries in the fingers of left hand, right thigh and back of Jeevan Mishra; Laxmi Prasad Mishra, who tried to intervene, was also attacked by appellant with axe on account of which he sustained injury on right side of his chest; complainant Vishnu Mishra asked the assailants to stop the abuses and the assaul