1. Convicted for offences punishable under Section 307 IPC and Section 25 of the Arms Act, 1959, Ashwani Kumar challenges the impugned judgment dated 31st October, 2015 and the order on sentence dated 23rd November, 2015 directing him to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.5,000/- for offence punishable under Section 307 IPC and rigorous imprisonment for a period of two years for offence punishable under Section 25 of the Arms Act.

2. Assailing the conviction, learned counsel for Ashwani Kumar submits that the recovery of knife is highly improbable and is not admissible under Section 27 of Indian Evidence Act. The alleged recovery of knife is also not admissible because it was recovered from an open place accessible to all and sundry and this fact has been admitted by PW-10 Constable Anil Kumar in his testimony. Reliance is placed upon the decision of Division Bench of this Court reported as 2014 SCC OnLine Del 7126 Heera Lal @ Heera v. State of NCT of Delhi. It was further submitted that nature of injury cannot be ascertained when there is no mention about the dimension of the injury in the MLC. Mere mentioning of 'grevious' in