Hon'ble Arvind Kumar Mishra-I,J.

Heard Sri Dr. Abida Syed, learned amicus curiae for the appellant, Sri Pradeep Kumar, learned AGA for the State and perused the record.

2. By way of instant Jail Appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 24.2.2011 passed by the Sessions Judge, Pilibhit in Session Trial No.445 of 2009 pertaining to case crime no. 207 of 2009, under sections 307, 504, 506 I.P.C. Police Station- Sehramau Uttari, District Pilibhit, whereby the accused-appellant has been convicted and sentenced to undergo ten years' R.I. under Section 307 IPC; and he has been acquitted of charges under sections 504, 506 I.P.C.

3. The brief prosecution story as discernible from record appears to be that the informant- Shiv Pal Singh P.W.-4, lodged written report - Ext. Ka.-5, at police station- Sehramau Uttari, District- Pilibhit on 12.6.2009 at about 4.30 P.M. at aforesaid case crime no. 207 of 2009 against the Khushhal Singh (accused- appellant) s/o Gurubaksh Singh to the effect that the informant's sister- Surender Kaur- was wedded to the appellant about 10 years ago. The informant's sister Surender Kaur was the owner of 10 acres of land, to which the accused- appellant was willing to occupy the same. The sister of the informant refused to give her land, due to which, the accused (informant's brother-in-law) became inimical towards his sister. Informant's sister began to reside separately in a house in informant's village- Singhpur- and also took one Sarafat Ali s/o Hamid Ali as her servant. On 10.6.2009 at about 10.00 P.M. Khushal Singh accused- appellant came to the house of his sister and asked for the land in question to be given to him, which was refused by her then the accused appellant abused her and threatened that he will kill her and will become successor of the land in question and began to assault sister of the informant by inflicting repeated knife blows. On alarm being raised, servant Sarafat Ali tried to save sister of the informant, whereupon, he too was assaulted by causing knife blow on his neck by the appellant, due to which, he fell down and in the meanwhile, on hearing the noise, the informant along with his wife- Kuldeep Kaur- rushed to the spot and saved his sister. Khushhal Singh (accused- appellant) fled away from the scene.

4. It has been described in the first information report that informant's sister received injuries on several parts of her person and sustained serious injuries. The informant somehow took his sister and her servant to the Government Hospital but their condition did not improve, therefore, they were taken to another hospital- Dhanwantari Tomar Hospital, Bareilly, where both of them were admitted.

5. In the ending part of the written report, it was mentioned that the informant was busy in treatment of his sister, now he has spared time for lodging the first information report.

6. Record shows that the contents of aforesaid written report were taken in the concerned check first information report at case crime no. 207 of 2009, under sections 307, 504, 506 I.P.C. at police station- Sehramau Uttari, district Pilibhit, which is Ext. Ka.-9 and case was registered at Rapat No. 25 at 4.30 P.M. on 12.6.2009 at aforesaid police station and crime number, which is Ext. Ka.-10 and proved by the Constable Udaiveer Singh P.W.-7.

7. Investigation ensued and the same was initially taken over by the Investigating Officer Suresh Bahu Sharma P.W. 6, who reached to the spot on 13.6.2009, after lodging of the first information report and after making relevant note in the concerned C.D., recorded statement of constable Udaiveer Singh and also noted contents of injury report of the injured and on the pointing out of the informant, he prepared site map Ext. Ka.-8. After 16.6.2009, he was transferred, thereafter, investigation was continued by subsequent Investigating officer Ram Gopal Singh P.W.-8, who recorded statement of vario