' The appellant abovenamed, being aggrieved by judgment dated 16-12-1976 of the learned Sessions Judge, Hyderabad, in Sessions Case No,2070/76 by which appellant has been convicted under section 307, P.P.C. And sentenced to suffer R. I. 3 years' and to pay fine of Rs,300 or in default to suffer further. R.I. For 6 months, has preferred the above appeal, on the following facts and grounds:-
2. The facts of the prosecution case, in brief, are as follows:-
3. The incident is said to have occurred on 17th February, 1976 at about 4 p.m. In a lane of Shah Muhammad Dahri, about 11/2 miles away from Police Station Hala, District Hyderabad. The appellant and injured Rabdino (PW.2) are co-villagers and related to each other inasmuch as the injured is married to Mst. Bachul sister of the appellant. The report of the incident was lodged by complainant Lookman (P.W. 1) on the same day at about 5 p.m. At Police Station, Hala, which was recorded by Police Head Constable Muhammad Ayoob (P.W. 6), the then incharge of Hala Police Station at the relevant time. The circumstance under which the incident is said to have occurred has been related by complainant Lookman, in the following terms:- "Rabdino son of Muhammad Umar Dahri is my cousin, and we both reside in the same house.
About 10 years ago, Rabdino gave his sister Mst. Zeenath in marriage to Juman son 'of Amir Bux Dahri, and in exchange, Juman gave his daughter, Mst. Bachul in marriage to Rabdino. Rabdino has got two sons and two daughters from the wedlock with Mst. Bachul. Eldest son of Rabdino is aged about 6 years. About 2 months ago, Mst. Bachul, wife of Rabdino, on account of domestic quarrel left the house of Rabdino and went to reside with her brother Juman and Kamil (appellant). She took her children also with herself. At about 3 p.m. While I, Rabdino (irjured) and Guldin were sitting in our house, there came eldest son of Rabdino, by name Dawti and informed him that his young sister Wahidini was seriously lying ill and asked him (Rabdino) to see her. I here upon Rabdino accompanied his son, Dawti to the house of Juman and Kamil (appellant) who are his brother-in- law. Thereafter I and Guldin at about 4 p.m. Left the house and we met Nawab and Mehar, and while we were talking to each other in front of the house of Nawab Dahri. Rabdino (injured) came from the side of the house of Juman and Kamil and met us. I made enquiries from Rabdino about the health of his daughter, who replied that her condition was serious. In the meanwhile, Kamil Dahri (appellant), brother-in-law of Rabdino was seen running towards us carrying a Khanjar (dagger) with black handle. Immediately, on his arrival addressed Rabdino and asked him as to why he had visited their house and that he (appellant) would not spare him and would kill him on the spot. Immediately after saying this, appellant struck a blow with Khanjar (dagger) to Rabdino at his left shoulder and appellant also gave him blow on the shoulder in the back. The appellant attempted to strikes another blow at the neck of Rabdino, but Rabdino raised his left arm and consequently the blow fell on his shoulder, Rabdino on account of receipt of injury raised cries and fell down. We advanced to capture Kamil (appellant), but Kamil, raising shouts at us, threatened us not to advance towards him. We on account of appellant being armed with a dagger did not to near him and Kamil ran away taking the dagger with himself towards his house. In the meanwhile, Wadero Photo Dahri and other people of the village, came running.