JUDGMENT

The present appeal has been filed on behalf of the appellant under Section 374 being disgruntled by the order dated 14.03.2023 passed in Sessions Trial No. 110/2021, whereby the appellant has been convicted for the offence under Section 307 of the Indian Penal Code, 1860 (hereinafter referred as to ' IPC ') for 5 years with fine of Rs.25,000/- and default stipulation and acquitted the appellant for the offence under Section 294 of IPC .

02. The Prosecution case in a nutshell is that on 01.02.2021 at about 5:30 in the evening, the complainant-Anokchand @ Praveen and his elder brother went to the market, where after completing work, his elder brother was ought to sit on motorcycle, at the same time, accused Babu @ Babulal came with stick (lathi) and started to abuse his elder brother Trilok, on stopping him, accused Babu @ Babulal said, “you made home at my land, I will kill you”. Thereafter, with intention to kill, accused assaulted Trilok on the head and left hand. Due to w