( 1 ) BY this appeal the appellant Tain Singh challenges the legality of the judgment passed on 6th June, 1985 convicting him of an offence under S. 307 of the Indian Penal Code. He is also challenging the validity of the order of sentence which was also passed on the same date whereby he was sentenced to three years rigorous imprisonment and to pay a fine of Rs. 500/- for the said offence. In default of the payment of fine it was directed that the appellant should undergo further simple imprisonment for six months.

( 2 ) THE facts of the prosecution case have been noticed in detail by the trial court. No useful purpose will be served by repeating them. The appellant was not arrested at the spot. After injuring the complainant Dharam Parkash he is alleged to have run away. He was arrested along with some other person on the night intervening 28/29th March, 1984. I may note at the outset that PW5 SI Ram Swaroop who arrested the appellant averred in his examination-in-chief that the arrest was made on the night of 29th March, 1984. However, he clarified during the cross-examination that it was during the night intervening 28/29th March,1984 at about 12. 30 when he effected the arrest

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