ORDER

This appeal is directed against an order of conviction and sentence recorded against the appellant by the High Court of Bombay after setting aside an order of acquittal recorded in favour of the appellant by the trial Court.

2. According to the prosecution case, on 14th July, 1984, at about 5.30 p.m., deceased Gautam, along with PW 3 Dinesh and PW 8 Baban went to the Pan stop of Rajesh Jaiswal to purchase Bidies. Rajesh Jaiswal is the brother of the appellant. An altercation ensued on the demand of payment for the Bidies. During the quarrel deceased Gautam is alleged to have assaulted Dinesh Jaiswal, a cousin of the appellant, by giving him a knife blow on his thigh. The appellant is alleged to have gone to his house and came back with a blade of spear and assaulted the deceased by giving him a spear blow on his chest. The deceased later on succumbed to the injury after he was moved first to the Police Station and then to the hospital by his brother and sister. It is also the prosecution case that weapon of offence-spear blade was recovered at the instance of the appellant on a statement made under Section 27 of the Evidence Act. The prosecution, with a view to connect the appe