JUDGMENT

SHINGHAL, J. :— Appellant Akoijam Ranbir Singh was tried by the Sessions Judge of Manipur for the alleged murder of Ibohal Singh. He was given the benefit of doubt and was acquitted on November 2, 1967. The State preferred an appeal, and the Judicial Commissioner of Manipur took a contrary view. He convicted him of the offence under Section 302, I.P.C. and sentenced him to imprisonment for life. Akoijam Ranbir Singh has therefore filed the present appeal.

2. The allegation against the appellant was this. Sanajoba Singh (P. W. 2) and Dorendro Singh (P. W. 3) were going on Paona Road in Imphal bazar on December 13, 1966, in the evening, when they met their friend Raghumani Singh (P. W. 4) near Pratap Talkies. All three of them went to Eikhoigo Hotel for tea. Thereafter, when they were standing outside, on the road, near the verandah of Bharat Shoe House, opposite Pratap Talkies, towards the west of a pan stall, the appellant came there with a friend at about 6.30 p.m. and stopped near the pan stall. He beckoned Sanajoba Singh (P. W. 2) and when Sanajoba Singh went near him, he asked him why he was gazing at him. There was an exchange of hot words between them, and the appellant and his friend gave fist blows to Sanajoba Singh on the face. Sanajoba Singh retreated. In the meantime, Ibohal Singh came out of the Bharat Shoe House and separated them. The appellant and his friend then went towards the south while Sanajoba Singh and his friends Dorendro Singh (P. W. 3) and Raghumani Singh (P. W. 4) went to Eikhoigi Hotel again for taking their bicycles. When they came out, they found Ibohal Singh standing in the verandah of Bharat Shoe House. Sanajoba Singh did not know Akoijam Ranbir Singh and asked Dorendro Singh and Raghumani Singh who his assailant was. They told him the appellants name and said that they did no know the name of the assailant Dorendro Singh and Raghumani Singh then proceeded a bit ahead, while Sanajoba Singh went behind. When they were about to approach the lane running to the west of Paona Road, Sanajoba Singh heard a voice at a distance of some five or six feet, from behind, asking him to wait. Sanajoba Singh, Dorendro Singh and Raghumani Singh then stopped, and they saw the appellant coming alone, on foot. He asked Sanajoba Singh to "settle the matter", and Sanajoba Singh agreed to do so. The appellant then said that the matter might be settled at some other place, Ibohal Singh, who was still standing in the verandah asked Sanajoba Singh and the appellant to settle the matter there. Dorendro Singh and Raghumani Singh however went away leaving their friend Sanajoba Singh alone. Ibohal Singh asked the appellant and Sanajoba Singh to go away, but the appellant was unwilling, and there was an exchange of hot words between him and Ibohal Singh for two or three minutes. Sanajoba Singh was then standing at a distance of about 1 1/2 "fathoms" away on the footpath, near the verandah at a distance of about 2 1/2 feet from the appellant. The appellant took out a knife with a blade of about 5" from the pocket of his trousers and thrust it on the right side of Ibohal Singhs belly, Ibohal Singh stooped down a bit and cried "Thang" (dagger). The appellant then dealt a second blow. On the left side of Ibohal Singh rounded the pillar of the verandah and ran after the appellant. Sanajoba Singh (P. W. 2) also ran after the appellant but he made good his escape on his bicycle. Sanajoba Singh heard the cry "Ei Yadre" ("I collapse") from Ibohal Singh and saw him falling at a short distance from him. He saw Nimai Singh (P. W. 5) rushing to Ibohal Singhs help. Sanajoba Singh brought a rickshaw and he and Nimai Singh took Ibohal Singh, who had become unconscious, towards the hospital. All this is said to have happened at about dusk (about 7.30 p.m.). They reached the hospital shortly afterwards. Ibohal Singh was taken to the emergency room by Sanajoba Singh and Nimai Singh, with the help of Dorendro Singh and Raghumani Singh wh