GARG, J. - (1.) THIS appeal has been preferred by the accused appellant against the judgment and order dated 29. 10. 87 passed by learned Additional Sessions Judge No. 1 Hanumangarh camp Sangaria in Sessions Case No. 70/85 whereby the learned Additional Sessions Judge convicted the accused appellant for offence under Sections 307 and 341 I. P. C. and sentenced him as under: Name of accused Offence u/sec. Sentence awarded Yunus 307 I. P. C. 4 years' R. I. and a fine of Rs. 100/ -. In default to further undergo 15 days' S. I. Yunus 341 I. P. C. 1 month's S. I. and a fine of Rs. 50/- In default to further undergo 7 days S. I.
(2.) THIS appeal arises in the following circumstances: (i) On 17. 7. 85 P. W. 1 Jafar lodged an oral report, Ex. P/1 with Police Station Sangaria before P. W. 5 Shri Krishna stating that on that day i. e. on 17. 7. 85, he and his elder brother Mustaq P. W. 2 after taking food in their house were going to their field and he was 10 to 15 feet ahead of P. W. 2 Mustaq and when he reached near the shop of Hussain Mohd. at about 10. 30 a. m. the accused appellant was already standing there and seeing him, he ran towards him and he was having a knife in his right hand and he stabbed with knife four times on back side as a result of which blood came out and he made hue and cry and seeing his cry, P. W. 2 Mustaq who was just behind him ran on spot and in the mean time P. W. 3 Anwar also reached there and then accused appellant fled away from the scene. It was further stated by P. W. 1 Jafar that accused appellant has caused injuries to him because he had old enmity with him. On this report, police chalked out regular FIR Ex. P/1 and started investigation. During investigation, P. W. 1 Jafar was got medically examined by P. W. 7 Dr. B. K. Chaudhary and his injury report is Ex. P/9 and he gave his opinion twice on Ex. P/10 and Ex. P/11, which would be discussed later on. The accused appellant was arrested through Fard Ex. P/7 on 25. 7. 85 and after usual investigation a challan was filed against the accused appellant from where the case was committed to the Court of Additional Sessions Judge No. 1 Hanumangarh camp Sangaria. That on 6. 9. 85, the learned Additional Sessions Judge framed charges for offence under Secs. 307 and 341 I. P. C. against the accused appellant who pleaded not guilty and claimed trial.
(3.) DURING trial, 7 witnesses have been produced by the prosecution and thereafter statement of accused under Sec. 313 Cr. P. C. was recorded and no evidence was led in defence. After the conclusion of the trial, the learned Additional Sessions Judge vide his judgment and order dated 29. 10. 87 convicted the accused appellant for offences under Secs. 307 and 341 I. P. C. inter alia holding that the prosecution has proved its case beyond reasonable doubt. Aggrieved from the said judgment, this appeal has been filed by the accused appellant. ;