1. This appeal is directed against judgment dated 01-02-1997 passed by Additional Sessions Judge, Baloda Bazar, District Raipur in Sessions Trial No.332/1993. By the impugned judgment, accused/appellant Thakur Ram has been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 1,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 6 months. Co-accused Awadhram and Chheduram have been acquitted of the charge framed against them.

2. Case of the prosecution, in brief, is as under:

On 20-03-1993, at about 10 A.M., complainant Vishwanath (PW-3) was going to his shop on his bicycle. Appellant Thakur Ram met him on the way, caught handle of the bicycle and gave a knife blow on his abdomen. Complainant Vishwanath (PW-3) sustained injury in his abdomen and due to injury he fell down from the bicycle. Pancho Bai (PW-4) who is the wife of complainant Vishwanath (PW-3) witnessed the incident. At that time she was sitting in betel shop. Co-accused Awadhram and Chheduram came near complainant Vishwanath (PW-3) running and they also caught the neck of complainant Vishwanath (PW-3).