- (1.)Appellant has preferred this appeal against his conviction in Sessions Trial No. 155 of 1982 dated 15-2-1983 under S. 307, Penal Code, recorded by Sessions Judge, Guna. He has been sentenced to two years' rigorous imprisonment and a fine of Rs. 150/- in default of payment of which, to suffer further rigorous imprisonment for three months. Appellant was tried along with Omprakash and Billu for having committed an offence punishable under Section 307/34, IPC., and both the co-accused were acquitted except the appellant.
(2.)The case of the prosecution, in brief, was that on 16-8-1982 at about 6.00 p.m. in Hanuman Gali, Guna, Ravindra Kumar Jain (P.W. 1) was coming down from his home after taking his evening meal, and when he saw the appellant quarrelling with the younger brother of Sumer Chand, he intervened, but the appellant abused and rushed towards him. Ravindra Kumar (P.W. 1), consequently, fled towards his shop but he was overpowered by the appellant and his acquitted companions. The appellant who was holding a screw-driver in his hand, stabbed Ravindra Kumar, with the intention to kill him, in chest and abdomen. On a cry from Ravindra Kumar for help, the assailants fled away. Inderchand (P.W. 2), Rajesh Kumar (P.W. 6) and Ashok Kumar (P.W. 7), who had witnessed the commission of the crime, reached the spot and transported the injured in a 'Tonga' to the police station at Kotwali, Guna, the first information report lodged by Ravindra Kumar (P.W. 1) was recorded at 6.25 p.m. Ravindra Kumar was then taken to the hospital, where he was medically examined, treated and X-rayed. After investigation and arrest of all the three accused, a charge sheet was filed.
(3.)During the trial, the prosecution examined Ravindra Kumar (P.W. 1) and eyewitnesses Inderchand (P.W. 2), Babulal (P.W. 4), Rajesh Kumar (P.W. 6) and Ashok Kumar (P.W. 7). While Babulal (P.W. 4) turned hostile to the prosecution, rest of the witnesses proved the prosecution case. Dr. N. K. Gupta (P.W. 10) has found following injuries upon the person of Ravindra Kumar : -
(i) penetrating wound, rectangular in shape, 6 mm X 6mm, on right side chest anterior aspect 1" away from right border of sternum, 5th intercostal space with bleeding and the depth of the wound was up to thorasic cavity.

(ii) penetrating wound, rectangular in shape, 6 mm X 6 mm on left side chest at anterior axillary line 8th intercostal space with bleeding and the depth of the injury was up to thorasic cavity. These injuries, according to the doctor, were fresh within six hours' duration and were dangerous to life because both the injuries had penetrated the thorasic cavity.