N.S.HEGDE, B.P.SINGH
Khalil Khan – Appellant
Versus
State Of M. P. – Respondent
JUDGMENT
Santosh Hegde, J.-The appellant in this Appeal was convicted by the learned Sessions Judge, Shiv Puri in Sessions Case No. 65 of 1986 for an offence punishable under Section 302 IPC and was sentenced to undergo imprisonment for life and was further imposed a fine of Rs. 1,000/- in default to undergo further rigorous imprisonment for a period of six months. His appeal to the High Court of Judicature of Madhya Pradesh, Gwalior Bench, having failed, he is before us in this appeal.
2. Brief facts necessary for the disposal of this case are that on 6th April, 1986 at about 11 P.M., in view of certain prior enmity, the appellant stabbed and killed one Wahid Khan, son of Bashir Khan. According to the prosecution there were no eye witnesses as such witnessing the incident but Rashid Khan (PW-3), Munshi Sani Mohammad (PW-4) and Nasir Khan (PW-6) and Imami (PW-9) had seen the appellant running away with the knife in his hand. It is the further case of the prosecution. PWs. 2, 3, 5, 6 & 8 heard the deceased say that it was appellant who stabbed him. The prosecution further states that when the deceased was taken to police station - Shiv Puri by PWs 1, 2, 5 and 6 he again told the head
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