JUDGMENT

NAVIN SINHA, J.

The Appellant assails the reversal of his acquittal, and consequent conviction under Section 302 I.P.C. sentencing him to life imprisonment.

2. On 27.08.1993 at about 8.30 a.m., irked by the loud noise of the tape recorder being played by the deceased in his house, the Appellant had a verbal altercation with the deceased which culminated in a single sword blow by the Appellant in the rib cage area of the deceased.

3. The M.L.C. of the injured was done at 8.45 a.m. by PW.8 Dr. S.K. Prabhakar who found an incised wound of 2½cm x 2 cm. The injured was deceased the same day. The post mortem was done the same day at 3.30 p.m. by PW-5 Dr. P.K. Bhatnagar, who found “Punctured wound 2 cm x 1 cm x cavity deep just above upper border of the left lower rib on lateral side of chest 9 cm away from umbilicus at 2 O’clock position with surgical dressing”.

4. The Trial Court granted the benefit of doubt to the Appellant. The High Court on reappreciation of the evidence, particularly the testimony of PW-4 Omwati, an injured witness, and other eyewitnesses PW-1 Babu Ram, PW-2 Ram Kumar and PW-3 Kalu Ram, convicted the Appellant.

5. We have considered the submissions made res