MAHESH GROVER, J. - (1.) THE appellant has assailed the judgment of the trial Court dated 1.9.1994 vide which he was convicted and sentenced to undergo RI for seven years for having committed an offence under Section 307 IPC and to pay a fine of Rs. 1,000/- and in default of payment of fine, to further undergo RI for three months.
(2.) THE occurrence is stated to have taken place on 28.3.1989 at about 7.00 p.m. when the injured Sita was attacked by the appellant and his father Mangat Ram who took objection to his taking bath in the street in front of their house. The appellant Naib Singh assaulted Sita Singh with a gandasa. Mangat Ram is stated to have attacked on him with a soti. The medico-legal report reveals the presence of following injuries :- "1. Incised wound 7.5 x 1 cm over the forehead on left side running vertically 5 cm above the left eye-brow. It was bone deep and there was infective discharge from the wound. 2. Incised wound 7.5 cm x 1 cm running transversely in the middle of the scalp. It was bone deep. Underlying bone was cut. Infective discharge present from the wound. 3. Incised wound 2.5 cm x 0.5 cm over the back running transversely in the middle of the spinmin lumber region. Clotted blood was present in the wound." The FIR was registered on 30.3.1989 at about 4.00 p.m. The injured Sita Singh was examined by PW-1 Dr. Hardev Singh (wrongly mentioned as Harbans Singh in the judgment of trial Court).
(3.) AFTER completing the investigative process, challan under Section 173 of the Cr.P.C. was presented against the appellant and his co-accused Mangat Ram, upon which the case was committed to the Court of Sessions for trial. The appellant and Mangat Ram were charge-sheeted for having committed an offence under Section 307/34 IPC.;