JUDGMENT :

SUBHASH CHANDRA SHARMA, J.

1. This criminal appeal has been preferred against the judgment and order dated 28.04.1983 passed by 4th Additional Sessions Judge, Budaun in Sessions Trial No.242 of 1981 arising out of Case Crime No.45 of 1980, Police Station Dataganj, District Budaun by which appellant has been convicted under Section 307 I.P.C. and sentenced to undergo rigorous imprisonment for a term of 3 years.

2. The prosecution story in brief is that two months prior to the present incident appellant and Rajbhar abongwith his other companions committed dacoity in the house of Shyam Pal (brother of informant). They were identified and named in the F.I.R. Atiraj brother of informant was witness in that case. That was the reason appellant was annoyed with him. On 05.02.1980 at about 8:00 P.M. in the night when informant with Shivlal was sitting at the tube well in his field, appellant alongwith some unknown person equipped with lathi came there and asked about Atiraj. At this informant-Jhandu Singh told him that Atiraj was at his home. Meanwhile Chhotey started assaulting informant with lathi and caused injuries. The appellant was identified in the light of torch and other unknown person could not be identified. An F.I.R. was lodged at Police Station Dataganj on 06.02.1980 at about 9:15 A.M. Jhandu Singh was sent to PHC Dataganj for medical examination from where he was referred to District Hospital, Budaun where he was examined on 06.02.1980 at about 12:30 P.M.

3. Injuries found on the person of Jhandu Singh are as here under :-

(I) Lacerated wound 3cm x 1cm bone deep on left side of the forehead.

(II) Incised wound 4cm x 1.5cm bone deep on right frontal region of head.

(III) Lacerated wound 1cm x 0.5cm, 10 cm above left ear on temporal region.

(IV) Lacerated wound 2cm x 0.5cm scalp deep, 1cm behind injury no.3.

(V) Lacerated wound 3cm x 0.5cm scalp deep on left occipital region of head.

(VI) Lacerated wound 4cm x 1cm scalp deep, 9cm behind injury no.5.

(VII) Lacerated wound 4.5cm x 0.5cm scalp deep on right parietal region, 11cm above right ear.

(VIII) Lacerated wound 1cm x 0.5cm muscle deep outer side of left eye.

(IX) Contusion 10cm x 5cm on left side face with swelling. Advised X-ray.

(X) Abraded contusion 16cm x 10cm lower part of left fore-arm and hand. Advised X-ray.

(XI) Lacerated wound 10cm x 0.5 cm below nose at top.

(XII) Contusion 4cm x 2cm top of left shoulder.

Duration about half day (12 hours). All except no.2 by blunt object, no.2 by sharp edged cutting object. All simple except no.1 & 2 Advised x-ray skull.

4. Investigation of the case was handed over to S.I. Babu Ram who after completing investigation submitted charge-sheet against Chotey under Section 307 I.P.C.

5. The court concerned took cognizance and afforded essential prosecution papers to the appellant and committed the case to the court of Session for trial.

6. The trial court framed charge under Section 307 I.P.C. against the appellant which was read over and explained to him. He did not plead guilty but denied the charge and claimed for trial.

7. Prosecution examined PW-1 Dr. S.C. Naugriya, PW-2 H.C. Ramveer Singh, PW-3 Jhandu Singh, PW-4 Shivlal and PW-5 Babu Ram the Investigating Officer.

8. After prosecution evidence statement of appellant under Section 313 Cr.P.C. was recorded in which he stated the prosecution story to be false. He had also stated that the statements made by the witnesses were false. He had been implicated in the case owing to an enmity about a field. He further stated that in wrestling he defeated Atiraj, so for damaging his good health he had been implicated falsely.

9. Opportunity for defence evidence was given to appellant but no evidence was adduced on his part.

10. After hearing the arguments for accused/appellant as well as the State, learned trial court passed the impugned judgment dated 28.04.1983 while convicting and sentencing the appellant as aforesaid.

11. Being aggrieved with this judgment and order this appeal has been preferre