Judgment

PATHAK, J.:- This appeal by special leave is directed against the judgment and order of the Bombay High Court dismissing an appeal filed by the appellant against his conviction and sentence under S. 302 and S. 307 of the Indian Penal Code.

2. The case of the prosecution is that the appellant and certain other persons were on inimical terms with one Mannu because of a dispute in respect of land, that Mannus son, Nasir was threatened by the appellant with violence and some days later when Nasir was proceeding with Kadir to his fields they were met by the appellant, Karim, Habib and others. A quarrel ensued in which the appellant attempted to assault Nasir fatally with a pen-knife and after the blow missed he stabbed Kadir who, however, succeeded in inflicting some injuries on the appellant with a stick. The six accused, including the appellant, were committed to stand trial. The learned Sessions Judge found the appellant guilty of the offence under S. 302 and sentenced him to imprisonment for life. He was also found guilty of the offence under S. 307 and sentenced to rigorous imprisonment for seven years. The sentences were to run concurrently. On appeal, the High Court mainta