Credibility of eye-witness testimony and the importance of medical evidence in establishing the nature of the injury were central to the court's decision.

M.C. Jain, J.

1. Accused-appellant Pratap Singh has preferred this appeal from jail against the judgment and order dated 31-8-2000 passed by Sri Lekha Singh, Sessions Judge, Pithoragarh, in S.T. No. 27 of 1999, whereby he has been convicted under Section 307, I.P.C. and sentenced to rigorous imprisonment of ten years.

2. The prosecution case as emerging from the F.I.R. and the evidence adduced in the Court may be set forth briefly. The incident occurred on 17-5-1999 at about 9 p.m. in village Jumma, P.S. Dharchula, district, Pithoragrah and the written F.I.R. of the incident was lodged by Janaki Devi on 18-5-1999 at 7.50 a.m. at the concerned police station. The injured and the victim of the incident was her husband Bir Singh. The appellant is his neighbour. On 16-5-1999, in the absence of Bir Singh, the appellant reached his house and hurled filthy abuses on his wife and mother under the influence of liquor. Bir Singh returned his house on 17-5-1999 in the evening from Dharchula and was informed by his wife about the incident of the previous day that the appellant had come over there and hurled abuses. The appellant also happened to reach there again and repented before Bir Singh that while intoxicated he had abused the womenfolk of his family the previous day. He requested Bir Singh to accompany him to his house to sink their differences and to bury the old hatchet. As a gesture of good-will, Bir Singh accompanied the appellant to his house at the latter's asking. His mother Govindi Devi, wife Janaki Devi and brother's wife Birma Devi followed him to the house of the appellant. It was night time of about 9 p.m. As soon as Bir Singh sat down at the house of the appellant, he (appellant) struck an axe blow on his head from back side. Receiving injury, he became unconscious, which he regained the following day in the hospital. The mother, wife and brother's wife of Bir Singh raised shouts, which attracted a number of persons, but the appellant ran away. Owing to night time, Bir Singh could only be kept at his house and was taken to Dharchula hospital in the morning, where from he was referred to District Hospital, Pithoragarh after medical examination,

3. The medical examination of the victim was conducted by P.W.2 Dr. Kharak Singh on 18-5-1999 at about 7 a.m. at P.H.C. Dharchula. As per the injury report-Ex. Ka.1, bleeding head injury 6" x 2 cm, in length was found on back side; whitish matter was coming out from the wound, margins were sharp; the injury had been caused by some sharp object and was dangerous in nature. It had been caused within 24 hours preceding the time of examination.

4. On the lodging of the F.I.R. the case was registered against the accused-appellant under Section 307, I.P.C. and the police started investigation which was conducted by Har Narain Sharma, S.I. The accused appellant was arrested by him and weapon of offence (axe) was also recovered at the instance of the accused-appellant After the conclusion of the investigation, the police submitted charge-sheet against the accused-appellant under Section 307, I.P.C.

5. At the trial, the prosecution examined five witnesses, besides relying on documentary evidence. P.W. 1 Bhupendra Singh was examined as an eye-witness and as a witness of recovery of axe by the Investigating Officer at the pointing of the accused-appellant. P.W. 3 Govindi Devi, mother of the victim, P.W. 4 Bir Singh, injured himself and P.W. 5 Janaki Devi, wife of the injured, were examined as other eye-witnesses. As stated earlier, P.W.2 Dr. Kharak Singh had examined the injury of the injured.

6. The defence of the accused was that actually the injured had reached his house and had made him to open his door. He pounced upon him wish Lathi. He (accused appellant) tried to defend himself and in this process Bir Singh fell down and sustained injury in his head. According to him, the background was that he had asked Govindi Devi (mother of the injured) not to spread her clothes on his trees f