JUDGMENT

HARJIT SINGH BEDI,J.

1. This appeal by way of special leave arises out of the following facts:

2. On 22.10.1997, at about 5 or 5.30 p.m., PW1 Rajesh, the first informant along with Santosh Supekar and Shivraj, deceased were standing and talking outside the house of Santosh Supekar. While they were so involved, the appellant, Udaikumar, who was known to Rajesh, accompanied by an unknown person came there and holding Rajesh took him to the side saying that he had been summoned by one Ram Hallele. While going away Rajesh turned around in time to see that Shivraj was being stabbed by the appellant and while the victim was successful in warding off the first blow, the other blows stuck home. Rajesh thereupon rushed towards the house of one Babar Saheb and narrated the incident to him and information was conveyed by Babar Saheb to the police. The police reached the place shortly thereafter. In the meanwhile, Rajesh had returned to the scene and noticed that Shivraj was lying dead. ASI Jukte recorded the statement of Rajesh, Ex.19 and on the basis, a formal FIR was registered at the Police Station. The dead body was also despatched