S.P. Garg, J.

1. The appellant – Paramjit Singh challenges the legality and correctness of a judgment dated 02.09.2011 of learned Addl. Sessions Judge in Sessions Case No. 21/08 arising out of FIR No. 530/05 PS Prashant Vihar by which he was convicted under Sections 307/34 IPC. By an order dated 07.09.2011, he was awarded RI for three years with fine Rs.5,000/-.

2. Briefly stated, the prosecution case as unfolded in the chargesheet during trial was that on 14.06.2005 at about 11.00 P.M. in DDA Shopping Complex, Near Petrol Pump, Sector 16, the appellant and his associate Padam Thapa (Proclaimed Offender) sharing common intention inflicted injuries to Murari Lal in an attempt to murder him. The victim was taken to Dr.Baba Saheb Ambedkar Hospital (in short ‘BSA Hospital’) and was medically examined. The accused persons were arrested. Statements of the witnesses conversant with the facts were recorded to substantiate the charges. After completion of investigation, a charge-sheet was submitted against the appellant and Padam Thapa; they were duly charged and brought to trial. In 313 statement, the appellant pleaded false implication and denied his presence at the spot. The t