JUDGMENT

Dr. ARIJIT PASAYAT, J. - Heard learned counsel for the parties.

2. Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court directing acquittal of the respondent who faced trial for alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short `the Act). The learned Sessions Judge, Rampur in S.T. No.30 of 1980 found him guilty and convicted him for offence punishable under Section 302 IPC and sentenced him to suffer imprisonment for life.

3. In appeal, the High Court found certain vital discrepancies in the prosecution version and directed acquittal.

4. The prosecution version, as unfolded during trial is as follows.

On 04.11.1979 at about 9.30 A.M. when the informant Zahidullah along with his brother Sajidullah (hereinafter reeferred to as `deceased) and Shakirullah were returning via triangular crossing at Majar Khurmewali, they were accosted at that crossing by accused Mutahir Mian, who challenged them by saying "Bahadur Aa rahe hain". On this the deceased questioned him. Immediately thereon, he was stabbed thrice by the accused. His brother Zahidullah, in order to save his brother from any further