SUNIL KUMAR GARG, J. - (1.) THIS appeal has been preferred by the accused appellant Durga Lal from Jail against the judgment and order dated 3.5.1999 passed by the learned Additional Sessions Judge, Gulabpura in Sessions Case No. 3/99 whereby the learned Additional Sessions Judge has convicted the accused appellant for offence under Section 307 I.P.C. and sentenced him as under: Name of Convicted Sentence AwardedAccused under SectionDurga Lal 307 I.P.C. 5 Years R.I. and a fine of Rs. 500in default to further undergo 3months R.I. 1A. Since in this case nobody was representing the accused appellant, this Court vide order dated 21.5.2001 appointed Shri Vijay Purohit as amicus curiae in this case.
(2.) IT arises in the following circumstances: (i) On 28.11.1998 at about 1 a.m. in the night P.W. 3 Durga Prasad gave 'Parcha Bayan' Ex.P/2 to P.W. 6 Ramdhan in the hospital stating that he was Watchman and he was performing his duties as Watchman. He went to Asind near bus -stand and at about 12.30 a.m., he saw someone near the shop of P.W.1 Ladu Lal and he lit his torch to see that man, but that man hide himself, then he went towards him and that man gave knife blow on his stomach and that man was named as accused appellant. On this report, police chalked out regular F.I.R. Ex.P/5 and started investigation.
(3.) DURING investigation P.W. 3 Durgaprasad was got medically examined by P.W. 9 Dr. Nemichand and his injury report is Ex.P/8 and he received one injury on his abdomen and P.W. 9 Dr. Nemichand has opined that injury as grievous one and through letter Ex.P/7, P.W. 9 Dr. Nemichand further opined that on 2.12.1998 that injury which was received by P.W. 3 Durgaprasad on his stomach might be dangerous to life.;