JUDGMENT

R. M SAHAI, J.:- The appellant along with two others was tried and convicted under Section 307 / 34, Penal Code and sentenced to undergo rigorous imprisonment for four years. The other two were acquitted by the High Court.

2. The incident took place at 10.00 p.m. on 4th December 1973. Enmity between appellant and complainant is found established. Prosecution relied on evidence of the injured, his father and a family friend Budh Singh examined as P.W. 4. The trial Judge did not attach much weight to the evidence of Bharat Singh, P.W. 3, father of the injured. The conviction was, mainly, based on testimony of Budh Singh, P.W. 4. The High Court while appreciating the evidence of Budh Singh observed that in cross-examination he admitted that the complainant did not disclose any name, immediately. He even could not disclose whether they were known persons or outsiders. But later on he gave out the name of the accused.

3. The learned, counsel for appellant has assailed the finding recorded by the High Court and the trial Judge and has urged that the appellant was implicated due to enmity. He urged that even though the High Court held that in the FIR the main part was specifically a