ORDER

This appeal is directed against the judgment and order dated 29.02.2008 passed by the Division Bench of the High Court of Punjab and Haryana at Chandigarh, whereby the Division Bench has dismissed the appeal filed by the appellant-herein.

2. The facts of the case, in brief, are as follows:-

i) That on 03.03.1996 at 9.00 p.m., the appellant along with Vijay @ Nikku assaulted Rajinder (the deceased).

ii) It appears from the facts narrated, that Vijay had a lathi and had put his left foot on the chest of the deceased. Satish - the appellant herein had a sharp-edged weapon and gave blows including the one in the abdomen of the deceased.

iii) Joginder Kumar (PW-9) tried to intervene and he also sustained injury at the time of the incident. Rajinder was taken to the hospital but he succumbed to the injuries.

iv) An FIR was registered at about 1.15 a.m. in the intervening night and Shamsher Singh (PW-8), who happens to be the uncle of the deceased, at the time of deposition before the Court did not support the prosecution version. However, it has to be noted that the FIR was lodged at his instance.

v) After the investigation, the accused were sent up for trial and the prosecution examined