ORDER

Leave granted.

Aggrieved and dissatisfied by the judgment and order dated 16th July, 1998 passed by the High Court of Bombay Bench at Goa in Criminal Appeal No. 29 of 1996 confirming the judgment and order passed by the Sessions Judge, South Goa, Margao convicting the appellant for the offence punishable under Section 302, the appellant has filed this appeal by special leave.

2. The learned Counsel for the appellant submitted that considering the fact as stated by the prosecution witnesses the High Court committed an apparent error on record in confirming the conviction of the appellant for the offence punishable under Section 302. He contended that on the facts as they are on record at the most the appellant could be convicted for the offence punishable under Section 304, Part I, IPC.

3. It is the prosecution version that on 6th December, 1993 between 7.45 p.m. and 8.30 p.m. the accused committed the murder of Lalit (deceased) by giving him knife blows. For this purpose the prosecution has relied upon the evidence of the wife of the deceased Smt. Kuku (PW 11). It is her say before the Court that accused and deceased were friends and they were staying at the house of the accused