T.P.S.MANN,J - (1.) THE appellants were tried by Additional Sessions Judge, Panipat. Vide judgment and order dated 25.1.1994, the trial Court convicted Maha Singh, appellant under Section 307 IPC and Ram Niwas alias Baba appellant under Section 307/34 IPC. Both of them were sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- each for the said offences. In default of payment of fine, the defaulting appellant was directed to undergo further rigorous imprisonment for three months. Out of the fine, to be recovered from the appellants, an amount of Rs. 1,000/- was ordered to be paid to Ajmer Singh, PW as compensation.
(2.) AS per the case of the prosecution, the occurrence in question had taken place on 9.8.1991 at about 6.30 p.m. wherein, Ajmer Singh was attacked by Maha Singh, appellant with a knife, causing injury on the right side of his abdomen. At that time, Ram Niwas alias Baba, appellant had caught hold of the victim. The injured was taken to Civil Hospital, Panipat, where he was medico- legally examined by Dr. Arun Sehgal, PW-3, who found the following injuries on his person: "1. An incised wound was present on the anterio lateral aspect of the chest on the right side in its lower part just above the lower costal margin. It was vertically placed and was 19 cm from the mid line. It was 7 cm x 3 cm into bone deep (by blunt probe). Fresh bleeding was present. X-ray and surgical opinion was advised. 2. A red abrasion oval in shape was present on the back of left forearm. It was 2.5 cm x 2 cm."
(3.) AFTER the receipt of ruqa, Exhibit PC-2 regarding the admission of Ajmer Singh, PW in the Hospital, ASI, Hari Singh reached the Hospital and recorded the statement Exhibit PB-1 of Ajmer Singh on the same day at 10,00 p.m. on the basis of which, formal FIR No. 613 dated 9.8.1991 came to be recorded in Police Station, City Panipat at 10.10 p.m.;