M.M.Aggarwal, J.

1. This is an appeal against judgment/order dated 16.3.1996 of the Court of Additional Sessions Judge (II) Jind, whereby Jagdish appellant was convicted for offence under Sections 307/326 and 324 IPC. For offence under Section 307, he was sentenced to undergo RI for ten years and to pay fine of Rs. 2000/-. In default of payment of fine to further undergo RI for six months. For offence under Section 326 IPC to undergo RI for five years and to pay fine of Rs. 1000/-. In default of payment of fine to further undergo RI for three months and then for offence under Section 324 IPC to undergo RI for one year and to pay fine of Rs. 500/- and in default of payment of fine to further undergo RI for one month.

2. The prosecution case against the appellant is that he was married to Lado 11-12 years prior to the occurrence. On 2.9.1995 at about 8 PM when Lado was in the Chaubara on the first floor of the house and Ranbir Singh and Krishan were sitting in the courtyard of the house, then Jagdish came to the Chaubara armed with a Gandasi. Jagdish asked Lado to go down stairs and as soon as Lado wanted to go down stairs, accused Jagdish opened an attack on her with the Gan