ORDER :

1. Instant criminal appeal has been filed under Section 374(2) CrPC by the accused appellant challenging the judgment dated 11.02.1991 in Sessions case No.42/1989 passed by the Sessions Judge, Bundi whereby he has been convicted for offence under Section 307 IPC and sentenced to undergo four years rigorous imprisonment, fine of Rs.1000/-, in default to further undergo six months rigorous imprisonment.

2. Facts of the case are that on 24-12-1988 in night at about 11.00 PM, a parcha bayan of injured Abdul Latif was recorded at General Hospital Bundi, wherein he stated that in night of 24-12-1988 around 8.15 PM he along with Shekh Umar, Mohammad Hafij and Maksood was going to Aktasa cinema hall then on bridge near Aktasa accused Pappu along with one other met him and pappu suddenly with the intention to kill him, inflicted a knife blow from sharp side at testicles, the other person caught his hands, when his companions pushed them, they ran away. He further stated that around two months ago, Pappu was playing bugle loudly, opposite the shop of Gulshan, which was objected by him, due to which altercations ensued between both of them, and since then pappu had animosity with him.

On