Judgment

N. P. SINGH

( 1 ) THE appellant along with three other accused persons was put on trial for an offence under S. 302 read with S. 34 of the Penal Code, for having committed the murder of one Munna, on 1-10-1979.

( 2 ) IT is the case of the prosecution that on 1-10-1979, being the Dussehra. day, Munna, (the deceased) had his lunch with Vishwanath (PW-2) and had fixed his dinner at the place of Pancham (PW-6), a relative of PW-2. The deceased reached the house of PW-6 in the evening. PW-6 went to call PW-2. At that very time someone called Munna from outside. It is said that the appellant along with other three accused persons (since acquitted) started assaulting the deceased. In the meantime, PW 2 reached there and saw the deceased being assaulted. Among the four accused persons he identified only the appellant, After sometime the accused persons fled away leaving the Pharsa on the spot. PW-2 immediately ran to Prem Narayan (PW-1), the brother of the deceased, to inform him. PW-1 came along with PW-2 at the place of occurrence and found the victim dead. PW-1 located the First Information Report at 8. 50 p. m. The occurrence is said to have taken place at about 8. 00 in the eve