RAM PRASANNA SHARMA, J.

1. This appeal is preferred against the judgment dated 8-9-2009 passed by 12th Additional Sessions Judge,(FTC),. Durg, District Durg (CG) in Session Trial No. 38 of 2009 wherein the said Court has convicted the appellant for the commission of offence under Section 307 of IPC and sentenced him to undergo RI for seven years and to pay fine of Rs.1000/- with default stipulations.

2. In the present case, victim is Sajjad Ali (PW/1)., As per version of prosecution, on 25-8-2008 in between 10 and 10-30 pm the appellant along with others in-furtherance of common intention assaulted the victim Sajjad Ali by knife over his abdomen as a result of which he sustained grievous injuries and fell down the ground. The matter was reported and investigated. and after completion of investigation charge sheet was filed, the appellants did not plead guilty and the trial was conducted. After completion of trial, the trial Court convicted and sentenced the appellants as aforementioned.

3. Learned counsel for the appellants would submit as under:

(i) Victim Sajjad Ali admitted that there was no previous enmity with the appellant and there was no pre-intimidation and therefore