judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment rendered by a Division Bench of the Rajasthan High Court upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC) and sentence of imprisonment for life as awarded by learned Additional Sessions Judge No.1, Jodhpur.

3.Background facts in a nutshell are as follows :

Report was lodged by one Tulsh Singh at the Tolesar Police station stating that on 19.11.1999 he was standing in the road along with Swai Singh, Sumer Singh (hereinafter referred to as deceased) and Vijay Singh. Around 4 P.M. Laxman Singh who was then studying in a nearby school came and inform that while the child were talking amongst each other, appellant Ram Swaroop slapped him. At that time Ram Swaroop and Shrawan were standing on the road. When Sumer Singh asked Ram Swaroop as to why he had beaten Laxman, on this Shrawan started beating Sumer Singh and the complainant tried to separate then. In the mean time the appellant with the intention to kill stabbed Sumer Singh with a knife. Sumer Singh received two stab injuries on his chest and one stab injury