JUDGMENT

This criminal appeal under Section 374 of Cr.P.C. has been filed by the appellants being disgruntled by the judgment dated 13.08.2024, passed by the learned IInd Additional Sessions Judge, Disrict Ratlam, in Sessions Trial No.110/2023, whereby the appellant has been convicted for offence under Sections 307 & 450 of the Indian Penal Code, 1860 (hereinafter referred to as " IPC ") and sentenced for 04 years R.I. & 02 years R.I. with fine of Rs.2,000/- & Rs.1,000/- and default stipulations.

2. The case of the prosecution in brief is as follows that the complainant Hariom Porwal (PW-1) resides in village Berchha and his milk dairy shop is named as "Hariom Doodh Dairy". The appellant Sumit used to come to the complainant's shop to deliver milk, owing to which, complainant knew the appellant. On 06.01.2023, at around 09:30 pm, the complainant (PW-1) was selling milk at his milk shop, when the appellant- Sumit came to his shop, he was in intoxicating condition on motorcyle and he started to abuse him. While doing so, he asked to give milk. When the complainant asked for money after giving him milk, the appellant said that he did not recognize him and after buying milk he did not p