JUDGMENT

T.K. Kaushal, J.—This appeal has been preferred by accused/appellant against judgment dated 27.6.1996 passed by Additional Sessions Judge Panna in S.T. No. 4/96 convicting the appellant under section 307 of IPC for attempting on life of Ramkishan (PW3) by setting him to fire and sentenced to 5 years R.I. and with fine of Rs.1,000, in default, further R.I. for 3 months.

2. Initially this appeal was preferred by two appellants. Pending this appeal co-appellant Malkhan expired. Vide order dated 18.10.2011 this appeal has been dismissed against him as abated.

3. Facts of the case, in short, are that on 16.10.1995 at about 7.00- 8.00 p.m. following a dispute of loss and damage caused to the crops by cattles, appellant and 3 others i.e. Malkhan, Bacchu and Piri came on the house of Ramkishan (PW3) and caught hold of him, poured kerosene and set him ablazed. Ramkishan (PW3) suffered 50% burn injury. Ramkishan (PW3) reached to the Government hospital and narrated the incident to Dr. P.N. Sharma (PW7) who informed the incident to police Dharampur District Panna.

4. On 19.10.1995 a case at Crime No. 42/1995 under Section 307/34 of IPC was registered against appellant and 3 others. C