Judgment

FAZAL ALI, J.:- In this appeal under Section 2 (a) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act the appellant has been convicted under Section 302 and sentenced to imprisonment for life. The appellant was tried by the learned Sessions Judge who acquitted the accused of the charges framed against him. The State then filed an appeal before the High Court against the order of acquittal which was successful and the High Court reversed the order of acquittal and convicted the appellant as indicated above. A resume of the prosecution case has been given in the judgment of the High Court and it is not necessary for us to repeat the same over again.

2. The entire conviction of the appellant is founded on the testimony of witness P. W. 1 Megha. The trial Court after considering the evidence of this witness completely disbelieved him and expressed doubts regarding his presence at the spot mainly on the following grounds :-

1. that while the witness definitely stated that R. 1 had struck a stick injury on the head of the deceased, yet from the medical evidence, it appears that there was no such injury at all;

2. that according to the evidence of P. W. 1, Megha he caught