G.K. SHARMA, J.—This appeal is directed against the judgment dated 1st Feb., 80, passed by the Sessions Judge, Ajmer, convicting the accused appellant u/s. 307, IPC and sentencing him to 3 years rigorous imprisonment and a fine of Rs. 500/-, and in default of payment of fine, to further undergo 1 months rigorous imprisonment. The appellant has also been convicted u/s. 324, IPC and sentenced to 3 months rigorous imprisonment and fine of Rs. 25/-and in default of payment of fine, to further undergo 15 days rigorous imprison ment; and u/s. 323. IPC, two months simple imprisonment. All the substantive sentences were, however, ordered to run concurrently.

2. According to the prosecution story, Parmanand used to carry business of selling utensils. Some 3-4 days prior to 30th Sept., 78, accused Khattan had come to Parmanand to purchase some Utensils, on credit. Parmanand refused to sell it on credit, which irritated Khattan, who became angry Thereafter, on the night of 30th Sept. 78, at about 9-9.15 Oclock Parmanand and Heera were going together through Kala-Bazar towards the house of Parmanand. In the way, near the shop of a goldsmith, accused Khattan met them. Seeing them, Khattan started abusing, to which, Parmanand and Heera asked him not to uttar abuses. At this, Khattan took out a knife, and all of a sudden, inflicted one knife blow on the left abdomen of Parmanand. He then gave a second blow by knife on the eyes of Ramanand. When Heera tried to rescue him, Khattan inflicted one knife-blow on his left leg and then one another blow on his lips After that, Khattan ran away from the place of occurrence. The injury in the abdomen of Parmanand, was a serious one, where from blood was coming out, and so, his bush shirt was tied around the wound. Parmanand fell down no sooner he reached his house. Hudaldas, brother of Parmanand was called from the upstairs, who was then told the entire incident. Hudaldas then took Parmanand to hospital, where the latter became unconscious. The injuries of Parmanand were examined on 30th Sept., 78, in the night, at about 11,15 Oclock, by Dr. A.N. Mathur, The doctor then informed about the case to PS - Gunj, on telephone. SI, Anandsingh came to JLN Hospital on the information of the doctor, after entering a report in the Roznamacha. On the same night, at about 1-30 Oclock, Hudaldas lodged an FIR at the police station. The injuries of Heera were also examined by the doctor on 1st. Oct., 78. Khattan was arrested on 1st Oct., 78. After completing usual investigation, the police submitted a challan against the accused, who was then committed to the court of Sessions, by the Magistrate.

3. The learned Sessions Judge framed charges against the accused, Khattan, u/ss. 307, 324 & 323, IPC. The accused pleaded not guilty and claimed trial. After concluding the trial, the learned Sessions Judge found the accused guilty of the charges and he sentenced him as mentioned above.

4. The learned counsel for the appellant did not argue the entire case on merits. His only argument was that from the statement of the doctor and the injury - report, no case is made out u/s. 307, IPC, and according to him, there is nothing on the record to show that the act of the accused was dangerous to life and that the act that he committed, was done with the intention or know-ledge that if by that act death was caused., we would be held guilty of murder. So, according to the learned counsel, the ingredient of S. 307, IPC is not established by the evidence on record.

5. I have perused the statement of the doctor, A. N. Mathur PW 9, and also the injury-report of Parmanand (Ex. P. 7). Dr. Mathur, in his statement, has stated that the injury in the ordinary course of nature, could cause death, if the victim remained unattended by a surgeon, in time. He has further stated that the stab-wound was 4" x 1-1/2" x peritoneal deep, on the left side of the abdomen. After narrating the dimension of the stab-wound, the doctor has given this statement that

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