P.K. Musahary, J.

1. This appeal has been preferred against the judgment dated 31.8.2002 passed by learned Addl. Sessions Judge No. 1, Kamrup, Guwahati in Sessions Case No. 280(K) of 2000, convicting the accused-Appellant under Section 307, IPC and sentencing him to undergo simple imprisonment for 7 years and to pay fine of Rs. 1,000 and in default of payment of fine to undergo simple imprisonment for another one month.

2. Heard Mr. T.J. Mahanta, learned Counsel for the accused-Appellant and also heard Mr. B.B. Gogoi, learned Addl. P.P., Assam.

3. Mr. Mahanta, learned Counsel for the Appellant submits that PW11, Dr. Bijit Gogoi and PW10, Dr. Deepak Kr. Sarmah, who were on duty in the outdoor cell of the causality department of the Guwahati Medical College hospital on 6.1.2000 on being produced by the police, in connection with Noonmati P.S. Case No. 6 of 2000, medically examined the victim and they found that he sustained simple injury in the left fore arm measuring 4 cm x 1.5 cm x 1 cm, one linear cut injury on the left side of face by a sharp cutting weapon. The nature of injury as found by the doctors, being not serious, it would not attract the offence under Section 307, I