Sanjay Karol, J. - (1.)APPELLANT -convict Bikram Singh, hereinafter referred to as the accused, has assailed the judgment dated 29.9.2008, passed by Additional Sessions Judge, Fast Track Court, Shimla, Himachal Pradesh, in Sessions Case No. 7 -R/7 of 2006, titled as State of Himachal Pradesh v. Bikram Singh, whereby he stands convicted for having offence punishable under the provisions of Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 25,000/ -, out of which Rs. 10,000/ - on realization is to be paid as compensation to injured Udham Lal (PW -2), and in default thereof, to further undergo rigorous imprisonment for a period of two years.
(2.)IT is the case of prosecution that on 1.5.2005, accused was working in the fields of Pradeep Kumar (PW -1) alongwith complainant/injured Udham Lal (PW -2). PW -2 asked the accused to collect the bushes which they had cut. At that accused lost temper and attacked PW -1 with a Drat. Somehow, PW -1 was able to save himself. Thereafter, accused gave a blow with the Drat to PW -2 on his neck, as a result of which he sustained serious injuries. To save his life, PW -2 ran away from the spot. Accused chased him with the Drat, but mid way fled away. Both PW -1 and PW -2 lodged report (Ex. PW -6/A) at Police Post, Sarswati Nagar, on the basis of which FIR No. 31/05, dated 1.5.2004 (should be 1.5.2005) (Ex. PW -6/B) was registered at Police Station, Jubbal. Matter was investigated by SHO Pritam Singh (PW -10), who conducted necessary investigation on the spot. Injured was administered medical treatment at Civil Hospital, Jubbal, where Dr. Prakash Daroch (PW -11) attended to him and issued MLC (Ex. PW -11/A & 11/B). Accused, after few days, was apprehended and arrested. On the basis of his disclosure statement (Ex. PD) made in the presence of Pradeep Kumar (PW -1) and Anand Chauhan (not examined), Drat (Ex. P -1) was recovered by the police. During investigation, police also took into possession blood stained clothes of the injured.
With the completion of investigation, challan was presented in the Court for trial.

(3.)ACCUSED was charged for having committed an offence punishable under the provisions of Section 307 of the Indian Penal Code, to which he did not plead guilty and claimed trial.