( 1 ) THE appellant has been convicted for an offence under Section 307 Indian Penal Code by the learned Additional Sessions Judge vide his judgment dated 17/8/1998 and order dated 19/8/1998 and has been sentenced to RI of 5 years and a fine of Rs. 2500. 00 and in default of payment of fine further SI for 3 years. The appellant has come in appeal against the said judgment and order.

( 2 ) BRIEFLY, the facts are that injured Kumari Shabnam used to go to learn typing in DAV Model School at Yusuf Sarai. The appellant used to follow her. He was employed with her father. On her complaint about it, her father terminated his services. He continued to so follow and harass her. Due to his this misbehaviour, she started going to the school in the company of her two friends, Ranjana and Harvinder Kaur. On the day of occurrence i. e. 31/3/1993 she along with her said two friends was going as usual to the said school when at about 7. 45 a. m. on the way the appellant all of a sudden appeared from behind armed with the knife like weapon Ex. P/1 and gave blows with it causing multiple injuries on her neck, head, back (chest) and arm. The injured fell down, profusely bleeding and was removed to the AIIMS hospital by Ranjana. On hearing hue and cry and cries of bachao bachao, some persons from the passing bus came to her rescue, caught hold of the appellant with the knife; a PCR van which was on duty at the nearby Red Alert Point on hearing the cries also rushed to the spot and apprehended the accused with the knife Ex. P/1. Information was also conveyed by the PCR to local police. SI Asab Singh with Ct. Niranjan Singh reached the spot and found that the injured had already been removed to the AIIMS; he went to the hospital, collected the two MLCs of Shabnam and Ranjana (who was also injured in the incident ). Shabnam was found unfit to make statement. Ranjana made first information statment about the occurrence on the basis of which SI Asab Singh got the FIR registered. The accused was arrested and the knife was seized by the said S. I. at the spot.

( 3 ) THE accused was prosecuted and charged for offence under Section 307 Indian Penal Code.

( 4 ) DURING trial the prosecution has examined injured Shabnam (Public Witness-1), her two friends Harvinder Kaur (Public Witness-2) and Ranjana (Public Witness-4 ). Public Witness-1 Shabnam supported the prosecution case whereas Public Witness-2 and Public Witness-4 corroborated her testimony. Public Witness-7 Dr. Bitra George, who was Medical Officer on Emergency duty at the Casualty in AIIMS had first examined the injured and noted down the injuries in MLC Ex. Public Witness7/a and had referred the injured for emergency operation. Public Witness-3 H. C. Sardar Singh and Public Witness-10 HC Harish Chand who were on duty at PCR van nearby had reached the spot on hearing the cries of the girls; they had apprehended the accused and seized the knife Ex. P-1 at the spot. Public Witness-11 SI Asab Singh, IO along with Public Witness-9 Ct. Niranjan Singh had reached the spot and Public Witness-11 at the Hospital (AIIMS) had recorded the first information statement of Public Witness-4, got the FIR registered, arrested the accused and seized the knife at the spot. The accused had taken the plea of false implication. The learned trial court believed the prosecution evidence, held the appellant guilty and convicted him as aforesaid.

( 5 ) LEARNED counsel for the appellant has not disputed the correctness of the findings about the time, place and circumstances of the occurrence and the appellant being the assailant. Nor about recovery of the weapon of offence Ex. P-1 from the appellant. However, he has contended that the surgeon who had operated upon the injured has not been examined nor the medical record thereof has been produced and the nature of injuries has not been proved and as such offence under Section 307 Indian Penal Code is not proved and only an offence under Section 324 Indian Penal C