( 1 ) THIS appeal seeks to challenge the judgment of the Additional Sessions Judge, Delhi in Sessions Case no. 37/1999 arising out of F. I. R. No. 99/89, Police Station geeta Colony under Section 307/325/34 IPC.

( 2 ) BRIEF facts of the case as noted by the additional Sessions Judge are as follows:-

"on 12th of July, 1989 at about 9. 00 p. m. Jasbir Singh, asi of Police Control Room, informed the police of Police station Geeta Colony on telephone that one Prithviraj has informed by way of telephonic call that a serious altercation was going on in a marriage party at Ram Leela maidan near bus stop, Shastri Nagar, Delhi. On this information D. D. No. 49-B was recorded and was assigned to Ombir Singh ASI, for action in the matter. Ombir singh ASI, left for the spot along with Const. Kiran Pal. At about 9. 15 p. m. Lady Const. Ramwati of police control room had informed the police of P. S. Geeta Colony that one Ram had passed on information to her that Choudhary manbir Singh has been murdered at Ram Leela ground community Centre, Shastri Nagar, Delhi. He has been murdered by Ashok Kumar, Rajinder Kumar, Mohan and Raj kumar who are residents of H. No. 17/55, Geeta Colony, delhi. On this information D. D. No. 50-B was recorded and sent to ASI Ombir Singh through Const. Baney Singh. SHO P. S. Geeta Colony was informed of the facts on wireless set. Ombir Singh ASI reached DTC bus stand shastri Nagar, Delhi and found Manbir Singh lying unconscious there. He was bleeding from his head and mouth. Ashok Kumar was also lying there, who was under the influence of liquor. He was also bleeding from his head. In the meantime, Sukhbir Singh SI also reached there per chance. Manbir Singh ASI prepared the injury sheet of the two injured and sent them to GTB hospital, shahdara, through Sukhbir Singh SI, Gajinder Singh met him at the spot, who got recorded his statement, alleging therein that he resides at H. No. D/188b, East Vinod nagar, Delhi. That day he had gone to attend the marriage of the daughter of Om Parkash, who resides at Shastri nagar. The said marriage was to be solemnized at community Centre of 17 Block, Geeta Colony, Delhi. At about 9 p. m. he heard the noise of "beat beat" coming from the side of DTC bus stand Shastri Nagar, Delhi. He reached the said bus stand along with Sri Chand, who works as a property dealer at Laxmi Nagar, Delhi. Many members of the marriage party also ran towards DTC bus stand, Shastri Nagar, Delhi. There he saw Ashok Kumar, rajinder Kumar, Raj Kumar and Chaman Lal beating Sh. Manbir Singh. All were known to him from before. Raj kumar and Chaman Lal had caught hold of Manbir Singh and rajinder Kumar and Ashok Kumar were wielding dagger blows at the head of Sh. Manbir Singh, uttering that his son had murdered their brother and he be put to an end. He along with Sri Chand and the members of the marriage party got Manbir Singh rescued from their clutches. Manbir Singh fell on the ground and became unconscious. Ashok Kumar, who was under the influence of liquor fell on the road and started bleeding from his head. Manbir singh was bleeding from his mouth and head. According to sh. Gajinder Singh, Ashok Kumar, Rajinder, Raj Kumar and chaman Lal had attacked Manbir with an intention to attempt on his life. MLC of Ashok Kumar and Manbir Singh were brought by Sukhbir Singh SI. It was reported by the doctors that Ashok Kumar had sustained simple injuries caused by blunt object, while injury received by Manbir singh were kept under observation. In view of these facts, a case punishable under section 307 read with section 34 of the Penal Code was got registered and Ombir singh ASI had taken up the investigation. During the course of investigation, the accused persons were arrested. Opinion as to the nature of injuries sustained by Manbir Singh was obtained. Doctor opined that he had sustained grievous injuries by blunt object. Statement of the witnesses including Shri Manbir Singh was recorded. In due cou