ORDER

1. The sole appellant before us is convicted under Section 302 IPC and sentenced to imprisonment for life. The prosecution case is that on April 18, 1978 at about 9 p.m. the accused entered the hotel of PW 1 and made some ghalata. The deceased obviously asked him not to make ghalata and a quarrel ensued. Thereupon, the accused, who was armed with a knife stabbed the deceased several times and the deceased raised hue and cry. PW 1 witnessed the occurrence. PWs 2 and 3, who were also working in the hotel saw the occurrence. The information was sent to the police and PW 1 gave a complaint on the basis of which the FIR was registered. The ASI reached the scene of occurrence and found the deceased dead. An inquest was held and the dead body was sent for postmortem. Doctor found seven incised wounds. The doctor opined that Injury No. 2, an oblique incised wound in front of left shoulder passing through the anterior axillary wall to the armpit was the fatal injury and was sufficient in the ordinary course of nature to cause death. The accused pleaded not guilty and set up a defence that he was falsely implicated because of the enmity at the instance of PW 17.

2. PWs 1 to 3 participate