JUDGMENT :

DEEPAK GUPTA, J.

1. An FIR (Ext.P17) was allegedly lodged by the victim Shyam with the Police Station Ujjain to the effect that he was working in the Malaria Department and on 17.10.1997 he was standing near his shanty behind Ashok Talkies. He was attacked by Rupa, Hari the Tempowala and the son of Nathu. These three people surrounded him and started beating him. They alleged that he had taken some money from them which he did not return, which he denied. Then Hari the Tempowala and the son of Nathu took out knives and both of them attacked him with knives on the left side near the spine on the back and below the ribs. The son of Nathu gave knife blows on the waist and two other places. In the meantime, Ramchander Dholi (PW-12) reached the spot. According to the informant, the occurrence was witnessed by his son and daughter, Kallu and Kallo.

2. On the basis of this oral complaint, initially a case was registered under Sections 341, 294, 323, 506, 307 read with 34 IPC but in the original FIR it appears that there is overwriting in respect of Section 307. The informant was taken to hospital where he was admitted. The bed head ticket (Ext.D1) shows that the informant was admi