Lokeshwar Singh Panta, J.—Appellant Pratap Singh (hereinafter referred to as the accused) has filed this appeal from Modern Central Jail, Nahan against the judgment and order dated July 13, 1999 passed by Additional Sessions Judge, Shimla in Sessions Trial No. 5-S/7 of 1998 whereby he was convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 3,000 and in default of payment of fine he shall undergo rigorous imprisonment for further period of one year.

2. The prosecution case was that on 17.5.1998 at about 7.15 p.m. Shri Mrigainder Singh Mandyal a Member of H.P. Higher Judicial Services, posted as President District Consumer Redressal Forum, Shimla was strolling on the Mall Road, of Shimla. He was coming from Chhota Shimla side and going to reporting room on the Mall. When he reached near the building of Khadi Bhandar, the accused came from the opposite right hand side and at once appeared before Shri Mandyal, suddenly made murderous assault with a premeditated and pre-planned manner to murder Shri Mandyal with a dagger. He inflicted dagger blow on the left side of the chest near the heart of Shri Mandyal as a result thereof blood started oozing from the wound. The blade of the dagger pierced into left side of the heart of Shri Mandyal almost all, touching his left lungs. The shirt and under vest of Shri Mandyal also got cut mark where the dagger blow was inflicted by the accused. Shri Mandyal grappled with the accused and held his hands with a view to prevent him from inflicting further dagger blows. However, irrespective of the resistance shown by Shri Mandyal, the accused also gave him punches on head, forehead, nose and ears. A large gathering of people assembled at the scene of the incident who made efforts to catch hold of the accused but he, however, managed to escape by fleeing away through the stairs in between the Khadi Ashram and the Municipal toilet on the Mall Road. Shri Mandyal thereafter, came to the police reporting room on the Mall Road to lodge the report. After reporting the matter to the police Shri Mandyal fell unconscious and was removed to Indira Gandhi Medical College and Hospital, (for short IGMC) Shimla for medical treatment. ASI Shri Sohan Lal (PW-10) accompanied by Constable Richh Paul of Police Station Sadar, Shimla rushed to IGMC, Shimla and recorded statement (Ext. PW-l/A) of Shri Mandyal under Section 154 Cr.P.C, Shri Mandyal complainant-injured reported the entire occurrence in detail and also stated that in the year 1993 when he was posted as Additional Sessions Judge, Shimla, the accused assaulted him in the same manner on the Mall Road. About earlier incident also, the case was registered against the accused and he was convicted. ASI Shri Sohan Lal (PW-10) sent Rukka to Police Station on the basis of which FIR (Ext. PW-6/A) was recorded by ASI. Shri Dharam Singh (PW-6). Shri Mandyal was admitted in IGMC Shimla in the department of Surgery who was examined by Dr. R.S. Kanwar (PW-2), and Dr. Puneet Mahajan (PW-8). Dr. Jatinder Jhingta (PW-3), Registrar Radiology, IGMC, Shimla conducted the X-ray examination of Shri Mandyal-injured. PW-10 the Investigating Officer during the investigation of the case collected medico legal certificate (Ext. PW-8/A), X-ray report (Ext. PW-3/A) as well as the skia-grams (Ext. PW-3/B). PW-10 also submitted an application (Ext. PW-2/A) for seeking the expert opinion in regard to the nature of the injuries on the person of the injured. PW. Dr. R.S. Kanwar issued certificate (Ext.PW-2/B) in respect of the injuries sustained by the injured. Dr. D.V. Behl (PW-11) also rendered his opinion marked Ext. PW-11/A after examining the relevant record about the treatment given to the injured.

3. During the investigation the police searched the accused in Shimla Town and ultimately he was arrested in Butail Dharamsala located at Bus Stand, Shimla where after assaulting Shri Mandyal the accused ha