Sunita Gupta, J.

1. Challenge in this appeal is to the judgment dated 28.07.2011 and order on sentence dated 30.07.2011 arising out of Sessions Case No.91/10 in Case FIR No.132/10 P.S. Timarpur u/s 308 IPC vide which appellant was convicted u/s 308 IPC and was sentenced to undergo Simple Imprisonment for a period of three years and sentenced to pay fine of Rs.10,000/- in default to undergo Simple Imprisonment for 1 month.

2. Prosecution case, succinctly stated, is as follows:-

On the intervening night of 26.05.2010/27.05.2010, on receipt of DD No.67D regarding stabbing at Sanjay Basti, Teacher Colony, Timarpur, ASI Swadesh Kumar reached at Jhuggi No.1842, Sanjay Basti where he met Beat Constable Babar and came to know that injured has been removed to hospital by PCR. Accordingly, he along with Constable Babar went to Aruna Asaf Ali hospital where injured Ravi was found admitted. He was fit for statement, as such he recorded statement of Ravi Kumar, Ex. PW 1/A and made endorsement Ex.PW 7/B on the statement and sent rukka to police station through Constable Babar which culminated in registration of FIR. In the hospital, doctor handed over one sealed pulanda which was seiz