S.M. SIKAI, J.

(1) THIS appeal by special leave is directed against the judgment of the High court of Judicature at Patna dismissing the appeal of Sheikh Hafeez, appellant before us, and confirming his conviction under Section 307, read with Section 109, Indian penal code The High court, however, reduced the sentence from seven years rigorous imprisonment to five years rigorous imprisonment.

(2) THE story of the prosecution was that at about 10-30 p.m. on 2/12/1963, Ramdeo Sharma, P. W. 2, was stabbed with a dagger in his abdomen near the Paan shop of Yar Ali, P. W. 4; a quarrel had taken place between Ramdeo Sharma and Mohd. Ramzan; the appellant, Sheikh Hafeez, had caught hold of Ramdeo Sharma thus enabling Mohd. Ramzan to stab him with a dagger. This story has been accepted by the learned first Additional Judicial Commissioner of Chotanagpur, Ranchi, and the High court.

(3) WE have gone through the evidence led in the case and we find that neither the Additional Judicial Commissioner nor the High court have looked at the evidence carefully and they believed the witnesses who should not have been believed. They failed to notice material contradictions between