JUDGMENT

1. - This appeal has been filed by the accused-appellant against the judgment of conviction and order of sentence dated 21.6.2000 passed by the learned Additional Sessions Judge, Aklera District Jhalawar by which he has convicted the accused-appellant for the offence u/ss. 307, 323, 324 & 504 IPC and sentenced as follows :

U/s. 307 IPC	to undergo five years' R.I. and fine of Rs. 1,000/-. In default one month's R.I.
U/s. 324 IPC	to undergo one year rigorous imprisonment and to pay a fine of Rs. 500/-. In default one month's R.I.
U/s. 323 IPC	to undergo six months rigorous imprisonment and to pay fine of Rs. 500/-. In default one month's R.I.
U/s. 504 IPC	to undergo three months R.I.

All the above substantive sentences were ordered to run concurrently.

2. It arises in the following circumstances that on 3.2.1999 at about 8.00 p.m. PW-1 Ghanshyam lodged the report Ex.P/1 which the Police Station Manohar Thana, District Jhalawar stating therein that at about 7.30 p.m. when he was taking tuition for the children at his home, the accused-appellant was making abuses for which he intervened and thereupon the accused-appellant caused a knife blow on the head and another blow was given by him on his abdomen as a result of which blood came out. On this report, the police registered a case and started investigation. During investigation, PW-1 Ghanshyam was got medically examined by PW-8 Dr. Mohd. Akbar. The injury report is Ex.P/7 and the X-ray report is Ex.P/8 and as per the X-ray report, PW-8 Dr. Mohd. Akbar opined that injuries Nos. 3 & 4 were dangerous to life. Through Ex.P/9, arrest memo, the accused-appellant was got arrested on 4.2.1999. After investigation, challan was filed and the case was committed to the Court of Sessions for trial. On 21.10.1999, charges for the offence u/ss. 307, 324, 323 & 504 IPC were read over and explained to accused-appellant who pleaded not guilty, and claimed to be tried. During trial nine witnesses were examined by the prosecution. Statement u/s. 313 Cr.P.C. of the accused-appellant was recorded. After conclusion of the trial, the trial Court convicted and sentenced the accused-appellant as stated above.

3. Aggrieved by the impugned judgment of conviction and order of sentence, the present appeal has been filed by the accused-appellant before this Court.

4. I have heard the learned counsel for the parties.

5. In this appeal, only two submissions have been raised by the learned counsel for the appellant. The first contention is that from the evidence on record, no case for offence u/s. 307 IPC was made out against the accused-appellant and thus, the findings of conviction for offence u/s. 307 IPC are erroneous and at the most a case for offence u/s. 326 IPC can be said to be made out. The second contention is that in case that this Court comes to the conclusion that the accused-appellant has committed the offence u/s. 326 IPC, he should be released for the period already undergone by him as he has been in jail for more than two years.

6. On the contrary, the learned Public Prosecutor has supported the judgment.

7. In his statement, the injured Ghanshyam PW-1 has stated that the accused gave a knife blow on his head but this part is not supported by the medical evidence. As per the injury report Ex.P/7 the injured sustained two injuries by sharp-edged weapon. These two injuries are on the abdomen and as per the statement of PW-1 Ghanshyam, the accused caused one knife injury on his abdomen. Thus, it can be concluded that the accused-appellant has inflicted one knife blow on the person of the injured Ghanshyam PW-1 and that blow caused injuries Nos. 3 & 4 of Ex.P/7. On the basis of the X-ray report Ex.P/8, PW-8 Dr. Mohd. Akbar has further opined that on the basis of clinical and, operative notes, injuries Nos. 3 & 4 were dangerous to life.

8. In this case, neither the operation notes have been produced nor the doctor who conducted th

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