JUDGMENT 1. - The appellant Omi has been convicted by the learned Additional Sessions Judge, Kota under section 307 I.P.C. and sentenced to rigorous imprisonment for five years and a fine of Rs. 500/- or in default simple imprisonment for three months. 2. The case of the prosecution which resulted in the conviction and sentence of the appellant as aforementioned is that the appellant was owing some money to PW Munna and that on February 26, 1976 at about 6 or 6.30 p. m. Munna went to the appellant and demanded the payment of his money. It is alleged that Omi resented this demand and retorted sarcastically that he would pay the entire amount in a lump sum and thus get done with it. Omi attacked Munna with a knife, while Omi's companion namely, Asir elasped Munna in his hands from behind. Omi is alleged to have inflicted as many as five knife blows to the helpless victim in that position. It is further alleged that apart from Asir who facilitated the infliction of knife blows by Omi to Munna, Bhanwarlal, Pratap Siogh, Narain and Maagla were also present there and exhorting the culprits to kill Munna. Munna cried on the infliction of injuries to him. A large number of persons including Santosh Singh and Sheikh Gabru collected there. On seeing them the culprits ran away. 3. Munna was immediately removed to the police station Bhimganj Mandi Kota. The Station House Office advised his removal to the hospital without any Joss of time. The first information report in the case was registered at the instance of Aladeen, father of Munna. 4. Dr. S. P. Alhauce who examined Munna the same evening at 7.10 p. m. found five incised wounds on his back, scapular region, scalp, face, and chest. The on the chest was found going deep into the chest cavity over right side of chest lower part in the axillary region of tenth intercostal space. He advised X-ray examination of this injury. On receipt of the X-ray Dr. Alhance found that this injury was dangerous and, but for timely medical aid, could have caused the death of Munna in so much as it had gone deep enough into the plurae cavity to cause injury to the lung. 5. He advised X-ray examination of this injury. On receipt of the X-ray Dr. Alhance found that this injury was dangerous and, but for timely medical aid, could have caused the death of Munna in so much as it had gone deep enough into the plurae cavity to cause injury to the lung. 5. On investigation, the police sent up six persons including Omi and Asir for trial under section 307 and 307 read with section 140 I.P.C. 6. The charge framed against Omi was that on February 26, 1976 at about 6 or 6.30 p. m. he had made an attempt on the life of Munna and inflicted knife blows to him in furtherance of that intention. Omi denied the charge and claimed to be tried. 7. During the trial the prosecution examined, among others, PW Sheikh Gabru, Santosh Singh, Munna, Dr. S. M- Alhance and S. I. Ram Charan. 8. Asir, one of the six accused before the learned trial Judge, examined one witness in defence namely, DW 1 Abdul Gaffar. 9. By his judgment dated March 26, 1977 the learned trial Judge came to the conclusion that the charges against the other accused namely, Asir, Banwarilal, Pratap Singh, Narain and Mangla were not proved beyond doubt. He therefore, acquitted them of all the charges framed against them. He however, further held that the charge under section 307 I.P.C. framed against Omi was fully established. He, therefore, convicted and sentenced him as mentioned at the commencement of this judgment. 10. In this appeal on behalf of Omi, Shri R. P. Garg learned counsel, appointed amicus curiae, argued that since the learned trial Judge did not believe PWs Munna, Santosh Singh and Sheikh Gabru in so far as they tried to implicate the other accused, he was not justified in placing reliance on their testimony for convicting Omi. I have very carefully gone through the statements of PWs Munna, Sheikh Gabru and Santosh Singh and found that they have given, by and large, a truthful account of the occurrence. They certainly mentioned the presence of Asir and other accused at the time of the occurrence. They did not attribute any active participation to them in the commission of this crime. It is only PW Munna who testified that Asir had caught hold of him from his back and that the other four accused were exhorting Omi to kill him. They certainly mentioned the presence of Asir and other accused at the time of the occurrence. They did not attribute any active participation to them in the commission of this crime. It is only PW Munna who testified that Asir had caught hold of him from his back and that the other four accused were exhorting Omi to kill him. The learned trial Judge somehow did not feel satisfied that Asir had caught hold of Munna and that the other accused were exhorting Omi to inflict the injuries to Munna. It is generally considered safe to ignore the testimony regarding the so-called exhortations for it is not un-often that one comes across cases of false implication with the help of witnesses who are prepared to oblige the complainant to the extent that they would agree to testify that the friends of the actual assailant were standing by and encouraging him to kill the victim. The learned trial Judge was therefore justified in ignoring the testimony of these witnesses against Asir, Bhanwarlal, Pratap Singh, Narain and Mangla. He accepted their testimony and rightly so in my opinion, against Omi. They testified in the court with one voice that all the injuries to Munna were inflicted by Omi with a knife. Nothing has been brought on the record to shake their testimony. There was absolutely no reason for them to falsely implicate Omi. 11. Learned counsel for the appellant than argued that the case made out against the appellant is one punishable under section 324 I.P.C. and not under section 307 I.P.C. He contended that the appellant is not shown to have had any intention of killing Munna or of causing such injury to him which was sufficient in the ordinary course of nature to cause death. If one reads the evidence of Dr. S. M. Alhance who examined the injuries shortly after the occurrence, one would find a complete refutation of this argument in his testimony. Dr. Alhance who found six injuries on the body of Munna including five incised wounds testified that injury No. 4 had gone deep into the chest cavity causing injury to the lung. He described this injury as dangerous to life and stated that but for timely medical aid Munna would have died. 12. The evidence of Dr. Dr. Alhance who found six injuries on the body of Munna including five incised wounds testified that injury No. 4 had gone deep into the chest cavity causing injury to the lung. He described this injury as dangerous to life and stated that but for timely medical aid Munna would have died. 12. The evidence of Dr. Alhance coupled with the circumstances In which these injuries were inflicted by Omi to Munna would clearly show that Omi war determined to kill Munna and inflicted injuries to him with a knife with that intention. He attacked the victim as many as five times over with his knife causing injuries on such vital parts of the body as chest and back. It will be recalled that he attacked Munna because he did not like Munna asking him for the repayment of his loan. Omi appears to be a man possessed of over bearing manner and nature. He wanted to teach Munna a lesson for requesting for the repayment of his loan. It was not that he merely slapped him or caused injuries to him with some blunt weapon. Instead, he whipped out a knife which is a very dangerous weapon. He wielded this knife many times over. Under the circumstances the learned trial Judge was justified in concluding that Omi attacked Munna and inflicted knife blows to him with the intention of killing him. 13. For all these reasons I do not find any force in this appeal the tame is hereby dismissed. *******