JUDGMENT

S.B. SINHA, J.- The appellant herein has been convicted by the courts below for alleged commission of an offence punishable under Section 307 of the Penal Code on the charge of attempt to commit murder of one Shri Harjit Ram, an Assistant Sub-Inspector of Police attached to a police outpost situate a at Jahlama. The appellant herein is a resident of Village Rape. Jahlama police outpost is situated at a distance of about 3 km from the said village in one of the remote districts in the State of Himachal Pradesh. He came to the said police outpost at about 8.30 p.m. and asked the police personnel to accompany him to Village Rape as, allegedly, a faction fight had been going on thereat. In the said outpost, apart from ASI Harjit Ram, other two E constables, namely, PW 4 Devi Singh and PW 5 Tashi Dorje were also present besides two other constables, namely, Bhim Singh and Dile Ram, On his request to visit the said village, the injured allegedly declined to accede to his request stating that as it was late in the night and the road as well as the path leading to the village were sloppy and also not in good condition because of the nallahs having been spate due to heavy flow of water, it would I not be safe to undertake any journey at that hour of the night. He was assured that the police party would be sent to the said village early in the morning on the next day. The appellant was also advised not to go back at such time and stay at the police post. He is said to have complied with the said request. The building, wherein the police post is situated, is a double-storeyed one. On the ground floor, the office of the police was housed, whereas on the first floor, there was the kitchen. The informant asked the appellant to accompany him to take his meals. While going from the office room to the kitchen, the injured started climbing the ladder. At that time he was allegedly given a blow by the appellant with his "khukhri" on the right side of his face below the eye starting from the rear of the nose extending right up to the lobe of the ear. When he looked back, another blow was hurled on him resulting in causing a cut injury on his right elbow horizontally. With a view to snatch the said khukhri from the hand of the appellant, the inform at sustained injuries in his hands. Hearing the noise, PW 4 and PW 5, together with other two a constables, arrived at the spot running and overpowered the appellant. The injured snatched the khukhri from his hand. He was, thereafter, shifted to the room of the upper floor of the building. The appellant was said to have been detained in the office room. There was a small hospital at a place known as Shansha, which was situated at a distance of 3 to 4 km from Jahlama. A doctor from the said hospital was summoned through a constable who J reached the police post at about 12 o'clock in the night. The wounds of the injured were stitched. The Pradhan of the village was said to have been summoned. The said incident was recorded in the daily diary and PW 4 Devi Singh took the same to the District Headquarters situated at Keylong, which is said to be situated at about 26 km away from Jahlama. The investigating officer, PW 9 Shobha Ram, visited Jahlama on the night of 8/9-5-1988 and started investigation. On the next morning, the injured was sent to the hospital at Shansha. He was thereafter referred to the District Hospital at Keylong.

2. Upon completion of the investigation, a charge-sheet was filed under Section 307 of the Penal Code.

3. The injuries sustained by PW 1 are as under:

1. An incised wound oblique in direction from inner corner of right eye extending to below the right ear. Size 15 cm long 1 cm deep 1/2 cm wide.

2. An incised wound over right side of head from the side of forehead to upward and backward, 10 cm long 1/2 cm wide and 1/2 cm deep.

3. An incised wound behind right ear obliquely placed, 41/2 cm long 1/2 cm deep and 1/2 cm wide.

4. An incised wound over right ear, 1 cm long and 1/2 cm