Virender Singh, J. - Appellant Rajinder son of Leela is convicted under Section 307 Indian Penal Code vide impugned judgment of learned Additional Sessions Judge, Narnaul dated 25.1.1995 and has been sentenced to undergo RI for 7 years and to pay fine of Rs. 2,000/-. In default of payment of fine to further undergo RI for a period of 3 years. Aggrieved by the judgment of conviction and sentence, he has preferred the present appeal.

2. It is worth mentioning here that along with the present appellant Basti Ram son of Sheo Narain was also booked. He, however, stands acquitted by the trial Court. State of Haryana has not preferred any appeal against his acquittal.

3. The appellant was charged under Section 307 Indian Penal Code by the trial Court on the allegations that on 1.2.1994 in the area of Bocharia, he had assaulted Bhup Singh-injured (PW-1) with Kulhari. In brief, the case of the prosecution is that on 1.2.1994 at about 3.00 P.M. Bhup Singh PW-1 was going from his house to his tubewell for irrigating his agricultural land. When he reached near the pond situated outside the village, he came across the present appellant and Basti Ram (since acquitted) who was standing in