S.P. Garg, J.

1. Pritam Chauhan (the appellant) has questioned the legality of the judgment dated 25.08.2001 of learned Additional Sessions Judge in Sessions Case No.28/2000 arising out of FIR No.221/1999 registered at Police Station Sarita Vihar by which he was convicted under Section 307 IPC and awarded RI for three years with fine Rs.1,000/-. The facts emerging from the record of the case are as under:

2. On 18.05.1999 at about 07.15 P.M. near Madanpur Khadar, Pritam Chauhan inflicted injuries with a knife to Sunder Singh in an attempt to murder him. The police machinery came into motion after recording Daily Diary (DD) No.43B (Ex.PW-10/A) at 07.45 P.M. at Police Station Sarita Vihar about a quarrel near Girls school, Madanpur Khadar and the investigation was taken over by SI Parveen Kumar who with Ct.Madan Pal went to the spot. The injured had already been taken to Holy Family hospital. SI Parveen Kumar recorded Sunder’s statement (Ex.PW-3/A) in the hospital and lodged First Information Report after making endorsement (Ex.PW-11/A) thereon. During the course of investigation, statements of witnesses conversant with the facts were recorded and the accused was arrested. In