( 1 ) THIS appeal is directed against the judgment and order dated 14th December, 1993 passed by Mr. M. S. Rohilla, Additional Sessions Judge, Delhi where through the convict/appellant (hereinafter referred to as the appellant for the sake of convenience) was found guilty under section 307 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of ten years with a fine of Rs. 2,000. 00. In case of his failure to clear the fine he was further sentences to undergo rigorous imprisonment for a year.

( 2 ) BRIEF facts which led to the present appeal are as under : that Public Witness -7 Ram Bharose alongwith Public Witness 9 Ram Vilas went to their hut (jhuggi) situated in Block No. 11 near a dirty drain in Tilak Nagar, New Delhi on 22nd July, 1989 at 4:30 P. M. to collect there from fruits in a rickshaw belonging to one Public Witness 8 Arun Paswan. Public Witness 8 Arun Paswan stopped his rickshaw at a distance of 15-16 paces away from the above said hut. Whereafter injured Public Witness 7 Ram Bharose and Public Witness 8 Ram Vilas covered that distance on foot. The appellant at that time was lying on a cot opposite to the entrance of the hut of the complainant Ram Vilas whereby he virtually blocked the passage leading to the said hut, complainant Ram Bharose requested the appellant to remove his cot in order to enable him to take out the fruits from his hut. The appellant however, did not accede to the request of the complainant Ram Bharose and instead started abusing him. Whereupon Public Witness 7 Ram Bharose requested him not to do so. It led to a flaming row. The appellant took out a dagger and stabbed the injured Ram Bharose on the left side of his abdomen. The injured bled as a corollary whereof. Ram Vilas Public Witness 9 came to his rescue. He raised an alarm. He took the injured to the hospital in a three wheeler rickshaw. The appellant after having caused afore-mentioned injury fled from the spot alongwith the dagger.

( 3 ) THE appellant was arrested by the police on 23rd July, 1989 in a case FIR 424/89 under section 27 of the Arms Act. The appellant made a disclosure statement in the said FIR that the dagger which was recovered from his possession was also used by him in causing injury to Public Witness 7 Ram Bharose.

( 4 ) PW9 Ram Vilas informed the police with regard to the above said incident. The same was recorded vide DD No. 14-A dated 22nd July, 1989. A copy whereof was handed over to ASI Shanti Prasad. He alongwith Constable Jag Saran arrived at the place of occurrence. They came to know that the injured had already been removed to the hospital. Shri Shanti Prasad thereafter left for the Deen Dayal Upadhaya Hospital. He collected from there the MLC of Ram Bharose, who was declared unfit to make a statement on July 22, 1989. However, he recorded the statement of Sh. Ram Vilas complainant vide exhibit Public Witness 9/a. IO Shanti Prasad Public Witness 12 recorded the statements of the prosecution witnesses including that of Shri Ram Bharose WP7 when he was declared fit for making a statement on 24th July, 1989. After completion of the investigation a charge-sheet was submitted against the appellant.

( 5 ) LEARNED lower court after the appraisal of the evidence oral as well as documentary, came to the conclusion that the prosecution had proved its case against the appellant beyond any shadow of doubt. Thus the appellant was convicted under section 307 of the Indian Penal Code He was sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. 2,000. 00 alluded to above.

( 6 ) AGGRIEVED and dissatisfied with the said judgment and order the appellant has approached this court through the present appeal.

( 7 ) LEARNED counsel for the appellant Mr. Quisar Kazim has vehemently contended before this Court that the learned lower Court fell into a grave error by coming to the conclusion that the appellant was guilty under Section 307 of the Indian Penal Cod