Mr. Inderjit Singh, J.:- Balwinder Singh-appellant has filed this appeal against the judgment of conviction and order of sentence dated 17.7.2000 passed by Additional Sessions Judge, Rupnagar, whereby accused-appellant has been held guilty and convicted for the offence under Section 307 of the Indian Penal Code (hereinafter referred to as ‘IPC’). He has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.5,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year for the offence under Section 307 IPC. However, accused Amar Singh son of Sunder Singh and Gurnam Singh have been acquitted of the charge framed against them.

2. The brief facts of the prosecution case are that on 29.6.1995 at about 5.00 p.m., Madho Singh took his buffaloes to the pond, which is near the house of Balwinder Singh-accused. The complainant was sitting near the pond. Balwinder Singh armed with a ‘Kirpan’ along with Amar Singh son of Sunder Singh and Gurnam Singh came there. Gurnam Singh and Balwinder Singh were under the influence of liquor. Amar Singh caught hold of Madho Singh from his arms and Balwinder Singh gave a sword blow on the right side of head of Madho Singh. Gurnam Singh gave fist blows. Then the complainant raised alarm, which attracted his brother Amar Singh son of Norang Singh, who witnessed the occurrence. After about two minutes, he became unconscious and he regained his consciousness at Civil Hospital, Chamkaur Sahib. His statement Ex.PG was recorded which was read over to him and he after hearing the same to be correct put his thumb impression on it. ‘Parna’ was produced by him, which was taken into Police possession. The Investigating Officer visited the spot. Rough site plan was prepared. After investigation, the challan was presented.

3. On presentation of challan, the trial Court finding prima facie case against the accused framed charge for the offence under Section 307 IPC against accused-appellant Balwinder Singh and for the offence under Section 307 read with Section 34 IPC against accused Amar Singh and Gurnam Singh, to which the accused pleaded not guilty and claimed trial.

4. In support of its case, the prosecution examined PW-1 Dr. Rajinder Kumar, Senior Medical Officer, CHC, Chamkaur Sahib, who mainly deposed regarding conducting medico-legal examination of Madho Singh on 29.7.1995 at 7.15 p.m. and found the following injuries:-

“1. Incised wound 6½ cm x ½ cm spindle shaped placed obliquely 7½ cm above upper border of right ear on right parietal region. Bone deep chips of bone could be palpated in the wound and the bone cut. Right side of face and shirt was smeared with clotted blood. On palpation fresh blood came out of wound. X-ray was advised.”

5. Nature of injury was grievous. Kind of weapon was sharp and probable duration of injury was within six hours. The doctor PW-1 also proved the medico-legal examination report. He also deposed that on 29.6.1995 and 30.6.1995 the Police filed applications regarding his opinion about Madho Singh whether he is fit or unfit to make statement and he declared him unfit to make statement. On 2.7.1995, on Police request, he declared the patient Madho Singh fit to make statement. He further stated that on 22.7.1995, on Police request Ex.PE, he made endorsement Ex.PE/1 to the effect that the above said injury could have been dangerous to life. In cross-examination, the doctor has stated that he had not mentioned the depth of the bone cut. The result of the X-ray was not shown to him.

6. PW-2 ASI Gurmit Singh, CIA Staff mainly deposed regarding investigation of this case. He deposed regarding preparing of rough site plan Ex.PH and recording of the statement of witnesses. He also stated that Madho Singh, injured produced one ‘Parna’ which was having cut and was blood stained. PW-3 ASI Nasib Chand deposed that he also conducted partly investigation in this case and he deposed regarding the arrest of the accused i