Kanwaljit Singh Ahluwalia, J. - The instant appeal has been preferred by Bhupinder Singh son of Amar Singh, resident of Ajit Nagar, Jalandhar. As per head note on the impugned judgment, at the time of pronouncement of the judgment he was 58 years. He was sought to be prosecuted in case FIR No. 68 dated 7.5.1992 registered at police station, Division No. 4-Jalandhar. He has been convicted under Section 307 Indian Penal Code by learned additional Sessions Judge, Jalandhar and sentenced to undergo RI for four years and to pay a fine of Rs. 1,000/-. In default thereof to suffer further rigorous imprisonment for three months.

2. The FIR in the instant case was registered on the statement of Major Rajinder Sharma who stated therein that he had received an information that Col. Dyal Singh Kang had been stabbed in abdomen near hotel Skylark at about 9.30 p.m. on 6.5.1992 by one Bhupinder Singh. On reaching the spot, he came to know from the CRPF Guard at Circuit House that an altercation had ensued between the accused and the injured, due to colliding of scooters. Lt. Col. Dyal Singh had been taken to the hospital.

3. Before adverting to the factual matrix of the case and analysing