B.N. KARIA, J.

1. By means of filing this Appeal under Section 374 of the Code of Criminal Procedure, 1973 (Cr.PC for brevity) the appellant has challenged the judgment and order dated 28.02.2002 passed by learned Additional Sessions Judge, Surendranagar in Special Sessions Case No. 89 of 1997, whereby, the appellant-original accused has been ordered to undergo rigorous imprisonment of three years and to pay fine of Rs. 5000/- and in default thereof, to undergo one year simple imprisonment for an offence punishable under Section 326 of the Indian Penal Code and ordered to undergo one year rigorous imprisonment and to pay fine of Rs. 1000/- and in default thereof, to undergo four months simple imprisonment for an offence punishable under Section 324 of the Indian Penal Code as well as ordered to undergo four months rigorous imprisonment and to pay fine of Rs. 500/- and in default thereof, to undergo two months simple imprisonment for an offence punishable under Section 135 of the Bombay Police Act. All the sentences are ordered to run concurrently.

2. The facts, as emerging from the record, are stated thus:

That, on 26.03.1997, as per direction of Shri Barot, an advocate of Viramgam, the complainant had gone to the court of Surendranagar for collecting copies of the bail application of Munna and other accused arrested in a murder case of one Hathubha. At that time, Amathubhai Kukabhai, maternal uncle of the complainant was with him and when they were leaving the court compound, at about 2.00 o’clock, with their cycle, one boy aged about 30 years rushed with a knife and gave knife blows wherein, the complainant got one wound on the right thigh and two wounds on the right side which resulted into falling down of the complainant. Immediately, Amthubhai took him in an auto rickshaw to CJ Hospital for medical treatment. The complainant knew the person who had given him knife blows, here he belongs to and the reason behind such assault. According to the complainant, there was a long standing enmity going on between the complainant and Darbar community of the village, and on 17.02.1997, murder of one member of Darbar community namely Hathubhai Vijaysinh was caused, wherein, charge was levelled against brothers of the complainant Bachu and Karshan and keeping grudge, one member of Darbar community namely Surubha of the said village assigned knife to one person to commit his murder, or get him assaulted. The complainant certainly assets that this unknown person who assaulted him with knife can be identified after seeing him because the assault with knife was made with an intention to commit murder and/or cause grievous injuries to the complainant.

Upon production of the accused and ascertaining from him as to whether he had received copy of the case papers, he replied in the affirmative and thereafter, the charge was framed against the accused person which was read over and explained to him, wherein he did not plead guilty and claimed to be tried. Accordingly, the prosecution laid evidence.

3. In the trial held, 13 witnesses were examined by the prosecution, enlisted hereunder:-

S. No.	PW No.	Name	Exhibit
1	1	Complainant-Shankarbhai Bhagwanbhai	6
2	2	Witness-Takhuben Bhagwanbhai	7
3	3	Witness-Amthubhai Kukabhai	8
4	4	Witness-Ikbalbhai Valliyuddin Desai (Executive Magistrate)	9
5	5	Witness-Shamjibhai Virjibhai	12
6	6	Witness-Jitendrasinh Harisinh Rathod	13
7	7	Panch witness-Dhanjibhai Maganbhai	17
8	8	Police Head Constable- Jayendrasinh Jilubha Parmar	18
9	9	Panch witness-Jilubhai Motibhai Gohil	20
10	10	Doctor Salil Pravinchandra Kharod	22
11	11	Panch witness-Kanubhai narayanbhai Palaniya	24
12	12	Panch witness-Viresh Navinchandra Sanghavi	27
13	13	Police Inspector-Bhavanji Danabhai Rabari (I