Hon’ble Alok Singh, J. (Oral)

1. Present appeal is received from jail. Appellant, by way of present appeal, is assailing the judgment and order dated 18.12.2010 passed by Sessions Judge, Tehri Garwhal in Sessions Trial No. 13 of 2010 whereby appellant was found guilty for the offence punishable under Section 307 IPC and was sentenced to undergo 5 years rigorous imprisonment and to pay fine of Rs. 10,000/- failing which to undergo five months additional imprisonment.

2. Brief facts of the present case, inter alia, are that PW1 Urmila (informant) lodged an FIR with police station Chamba, Tehri Garhwal to the effect that on 11.04.2010 her brother-in- law Jasveer Singh (appellant herein) was having quarrel with her husband Yashwant Singh; all the family members tried to cool him down but remained unsuccessful; at about 09.30 p.m. appellant assaulted her husband several times with knife with an intention to kill him; having received the injuries at the hands of appellant, her husband fell down; she and her mother-in-law PW2 were present on the spot; having heard the hue and cry, Rakesh Rawat, Ashtam Singh and other villagers reached to the spot; Yashwant Singh was taken to