( 1 ) THIS is an appeal under S. 379 of the Criminal P. C. read with 5. 2 (a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. Ranjitsinh Chandrasinh Atodaria, original accused No. I is the appellant before us. He along with three others was tried for offences punishable under Ss. 302 and 302 read with S. 114 IPC. The trial Court acquitted all of them. The State preferred an appeal and the High Court confirmed the acquittal of A-2 to A-4 but convicted the appellant under S. 302 IPC and sentenced him to undergo imprisonment for life for the offence of committing the murder of Jitendrasinh the deceased in the case. The material facts are as follows:accused Nos. 1 and 2 brothers of the deceased and Jashvantsinh (PW-2) were formerly residing at Village Sagdol. Thereafter the appellant came to reside at Vadodara and hired a house in Atul Society. Thereafter other brothers also came to reside with him in that house. In 1975 the appellant was involved in a murder case and had to stay in jail for nearly one year. After he was released from jail, he went to stay at Village Sagdol and stayed there for about one year. After that he came to Vadodara and hired another house. During this period, brothers of the accused including the deceased and PW-2 stayed in the house in Atul Society. The rent was being paid by the deceased in the absence of the appellant. The appellant, however, demanded Rs. 5,000. 00 to Rs. 7,000. 00from the deceased as the house stands in his name as a tenant. The deceased refused to purchase the house on those terms. Thereafter the appellant demanded the possession of the house and deceased and his brothers had some misunderstanding in this context. On 2-1 1-79 PW-2 had gone to Javernagar bus stand for purchasing bidi. While returning he saw that the four accused were sitting near the culvert of Javernagar Society. At about 9 PM, the deceased was going towards the bus stand. On seeing him all the four accused went towards him and asked him to hand over the possession of House No. B-20 in Uma Society. Thereupon a quarrel ensued. During the said quarrel A-2 to A-4 caught hold of the deceased and A-1 is alleged to have inflicted a knife blow on the neck of the deceased. PW-2 also came there in the meantime and witnessed the occurrence and when he tried to intervene a second blow dealt by the appellant caused an injury on his thumb. Thereafter the accused left the place. PW-2 took the deceased in the Autorickshaw to the Hospital. In the hospital he died at about 10. 30 P. M. The doctor who examined the injured deceased declared him dead. An information was sent to the Police. The Head Constable recorded the complaint of PW-2 and a case was registered and the investigation was taken up. The Police Inspector of Vadodara City after receipt of the information went to the scene of the occurrence, seized blood stained earth and other articles and sent the dead body for post mortem examination. PW-2 was also sent for medical examination. The doctor who conducted the post-mortem found on the deceased an abraised contusion on the right maxillary region and one stab wound 11/2" x 1/2" on the neck and 1 1/2" away from medial end of clavicle. On internal examination, the doctor found common cartoid and sub-cranial vessels were cut piercing the left side chest pleura. The doctor opined that death was due to this injury which was sufficient in the ordinary course of nature to cause death. On P. W. 2 the doctor found a linear cut superficial over root of the left thumb. The accused were arrested and after completion of the investigation the charge-sheet was laid. The plea of the accused is one of denial.

( 2 ) THE prosecution mainly relied on the evidence of PW-2 who was no other than the brother of the deceased as well as of the appellant. PW-3 was another witness who spoke about the presence of PW-2. PW-3, however, did not actually witness the occurrence. The learned trial Judge held that PW-2 was an in