JUDGMENT

SARKARIA, J. — The appellant Pappu alias Baijnath, Jagannath and others were tried by the Sessions Judge, Gorakhpur on various charges related to the murder of Markandey Dhar Dubey.

2. The incident occurred in broad day-light when athletic sports were going on in the ground of Government Normal School, Gorakhpur. A large number of spectators and the District Inspector of Schools was also present. At about noon on 13-11-1968, the deceased Markandey Dubey was seen coming from the eastern side towards the race course, hotly chased by the appellant and five others. The pursuers overtook the deceased. The appellant then stabbed Markandey Dubey with a knife on the chest, as a result of which he dropped to the ground and died there and then.

3. The trial judge found that it was the appellant Pappu who had caused the fatal injury to the deceased with a knife and convicted and sentenced the appellant under S. 302, I. P. C. to imprisonment for life. The co-accused Jagannath was also convicted and sentenced under S. 302 I.P.C. read with S. 149 I.P.C. On appeal, the High Court maintained the conviction of these two persons holding that there was no doubt that this solitary, fatal injury