JUDGMENT

The appellant Kashmira Singh was tried along with two others William and Sukhchain Singh for an offence punishable u/ S. 302 read with Section 34, IPC. It is alleged that the three original accused were pick pocketers and that on 30-5-79 Sukhbinder Singh the deceased in this case and his brother PW 4 and uncle PW 5 had gone to Amritsar to get the tractor repaired and it is alleged that the appellant tried to put his hands in the shirt pocket of. PW 5 who questioned him as to what he was doing. Thereupon PW 5 called the deceased and the deceased tried to catch hold of the appellant but in the process the appellant and his co-accused Sukhchain Singh caught held the deceased. William who happened to be there picked out a knife from his pant pocket and gave one single blow to the deceased at the neck. Thereupon the deceased fell down and the accused ran away. The doctor who conducted the post-mortem found the single injury but that proved to be fatal. The inquest was held and the accused was arrested and tried. The prosecution mainly relied upon the evidence of PWs 4 and 5. The learned Sessions Judge convicted William under Section 302, IPC and sentenced him to undergo imprison