Mr. Mehinder Singh Sullar, J.:- Assailing the prosecution version and its evidence in totality, appellant-convict Rakesh alias Chhota son of Daya Nand (for brevity “the appellant”) has preferred the instant appeal to challenge the impugned judgment of conviction dated 14.9.2000 and order of sentence dated 15.9.2000, by means of which, he was convicted and sentenced to undergo rigorous imprisonment (in short “RI”) for a period of ten years, to pay a fine of Rs. 20,000/- and in default thereof to further undergo RI for a period of one year for the commission of an offence punishable u/s 307 IPC by the trial Court of Addl. Sessions Judge.

2. Tersely, the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for disposal of the present appeal and emanating from the record, as claimed by the prosecution, are that the pet pigeons of the appellant used to put filth in the house of complainant Narender son of Sunder Singh (PW5), causing inconvenience to him. He lodged protest to the appellant in this regard. As a result thereof, he (appellant) used to nurse a grudge against him. According to the prosecution that on 11.8.1996, PW5 had gone to the fields to collect fodder, where his brother Sanjay (PW6) was already present. The appellant also came there. As soon as, at about 8 A.M., PW5 lodged protest in respect of filth of pigeons and advised him to confine them (pigeons) in his house, he took ill of it and in the meantime, all of a sudden, the appellant took out a knife from his dub, abused him and gave a knife blow, which hit on the lower side of his (PW5) chest. He has also caused other injuries on upper side and near the elbow of armpit of his left hand. PW5 raised an alarm, which attracted his brother Sanjay (PW6) and sister Suresh alias Sonia, who were also working in the nearby fields. They rushed to the spot. On seeing them, the appellant gave a kick blow to PW5 and fled away from the place of occurrence with his knife. Thereafter, PW5 was removed to General Hospital, Bahadurgarh, where he was medico legally examined and from there, he was referred to PGIMS Rohtak as his condition was serious. On receipt of medical writing (ruqqa) (Ex.PE), police reached the hospital, obtained the opinion of doctor with regard to condition of the injured and recorded his statement (Ex.PB), which was sent to the police station for registration of the case and it formed the basis of FIR (Ex.PB/1).

3. Narrating the sequence of events, in all, the prosecution claimed that on 11.8.1996, the appellant has attempted to murder and inflicted the pointed knife blows on the person of complainant Narender (PW5). In the background of these allegations and in the wake of his statement (Ex.PB), the present criminal case was registered against the appellant, by virtue of FIR No.227 dated 12.8.1996 (Ex.PB/1), on accusation of having committed the offences punishable u/ss 307, 323 and 324 IPC by the police of Police Station Sadar Bahadurgarh, District Jhajjar as depicted here-in-above.

4. After completion of the investigation, the final police report (challan) was submitted by the police against the appellant to face the trial for the indicated offences.

5. Having completed all the codal formalities, the appellant was charged by the trial Judge for having committed an offence punishable under section 307 IPC, by way of charge sheet dated 13.1.1997. As he did not plead guilty and claimed trial, therefore, the case was slated for evidence of the prosecution.

6. The prosecution, in order to substantiate the charge framed against the appellant, examined PW1 Inspector Ram Kumar, who had only prepared the final police report (challan) in this case. PW2 Raghbir Singh, Patwari prepared the scaled site plan (Ex.PA) of the place of occurrence at the instance of PWs with its correct marginal notes. PW3 HC Om Parkash recorded the formal FIR (Ex.PB/1) on receipt of ruqqa (Ex.PB). PW4 Ram Dhan, Record keeper has produced t