Mahesh Chandra Sharma, J. - (1.) - This appeal has been filed by the accused appellant against the judgment and order dated 28.2.87, passed by the Addl. Sessions Judge, Bundi in Sessions Case No. 1/86 whereby he convicted the appellant for the offence under Section 307 IPC for 4 years R.I. with fine of Rs. 500/- and in default of payment of fine to undergo 3 months R.I.
(2.) The brief facts of the case are that Ex.P.13 was lodged at police station Kotwali, Bundi on 28.1.1985 by one Shri Raj Kumar on an incident alleged to have taken place on the same day wherein it has been stated that on 28.1.85 on a telephonic message from Hospital Bundi through Dr. S.B. Shah, Shri Rajkumar went to the Hospital for taking statement of Abdul Rajak, A.S.I. p.w. 15 at Bundi Hospital. In the statement of uninjured it is stated that while he was going to his house, he met with appellant and they were talking in a jolly mood and in between this, the appellant inflicted knife blow in his abdomen. Thereafter, the injured was brought to the Hospital by one Karim Tailor. Upon the aforesaid incident, the police registered a case under Section 307 and 324 IPC. After arresting the appellant, the police submitted challan under Section 307 IPC in the court of Addl. Munsif & Judicial Magistrate No. 2, Bundi. Learned Magistrate committed the case to the court of Sessions Judge, Bundi. The learned Sessions Judge transferred the case to the court of Addl. Sessions Judge Bundi who framed charge under Section 307 IPC against the accused appellant. The charges were read over and explained to the accused appellant who denied the charges and claimed for trial.
(3.) During trial, the prosecution in support of its case examined as many as 15 witnesses and got exhibited some documents. Thereafter, the statement of accused appellant were also recorded under Section 313 Cr.PC. and in defence, appellant examined one witness Alanoor D.W. 1.;