Judgment

V.N. Khare, J.-Leave granted.

2. This Criminal Appeal is directed against the judgment and order dated 5.11.96 passed by the High Court of Madhya Pradesh whereby the High Court, while allowing the Criminal Revision filed by the com­plainant, Khuman Singh, set aside the order of acquittal passed by the trial Court and convicted the appellant herein for the offence under Section 304 Part I, IPC and sentenced him to seven years’ rigorous imprisonment.

3. In brief the prosecution case was that on 2.4.87 at about 10 P.M., the deceased Vijay Singh was coming from Khalihan when accused Vimal Singh, the appellant herein, quarreled with him and was said to have given a knife blow to deceased Vijay Singh. Next morning while Vijay Singh deceased, Khuman Singh (P.W. 3) and Narayan Singh (P.W. 4) were going to the Police Station, Satpada in a bus for lodging the First Information Report in respect of the previous days’ incident the appellant who was sitting on the bonnet of the bus got the bus stopped and threatened Vijay Singh not to lodge any report in respect of the previous days’ incident. This led to a quarrel in the bus and in that process it is alleged that the appellant gave a kni