Mukta Gupta, J.

1. By the present appeal the Appellant lays a challenge to the judgment dated 15th July, 2009 convicting the Appellant for offence punishable under Section 307 IPC and the order on sentence dated 18th July, 2009 directing him to undergo Rigorous Imprisonment for seven years and to pay fine of ` 3,000/- and in default of payment of fine to further undergo Simple Imprisonment for three months.

2. Briefly the prosecution case is that one Mansoor and the Appellant were working as waiters in the marriage parties etc. with one contractor Guddu and they used to sleep in Rain Basera. On 1st May, 2006 a quarrel ensued between the Appellant and Guddu when the Appellant demanded ` 200 from him as he had received the payment from the owner. The Appellant was under the influence of alcohol and when they tried to make the Appellant understand, they were sent out from the Rain Basera by its in-charge. Outside the Rain Basera, they again had a quarrel and the Appellant took out a surgical blade from the dub of his pant and gave injury on the front side of the neck of Mansoor. The Appellant was overpowered when he was trying to run away with the help of three more persons who