JUDGMENT - VISHNU SAHAI, J.:-The appellant aggrieved by the order dated 13th November, 1992 passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 782 of 1989 convicting him under section 302 of I.P.C. and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo S.I. for two months, has come up in appeal before us.

2. The prosecution case in brief, as contained in the F.I.R. lodged by P.W. 1 Govind Tukaram Deogikar is that the deceased Arun Kisan Bhosale and the appellant belonged to the village of the informant. The deceased was working in Shrikrishna Tea House. Vithalwadi, Kalba Devi. He, the informant and some others used to sleep in the same compound. The appellant is said to have been working at Hanuman Tea House, C.P. Chawl, Abdul Rahman Street. It is said that the appellant and the deceased were friends and used to have a common lunch; each bringing his own tiffin. It is stated that about 9 to 10 days prior to the incident, which is alleged to have taken place, on 17-04-1989, the appellant had asked the deceased to bring his tiffin box and the latter had not brought it. Consequently, the appellant had beaten the deceased and also tore his Baniyan. It is said that the deceased too in return had beaten the appellant. On the night of 16/17-04-1989 the deceased, informant P.W. 1 Govind Tukaram Deogikar and two other witnesses of fact, namely P.W. 3 Suresh Raghunath Dindale and P.W. 6 Prakash Laxman Koditkar, are said to have slept within close promixity of one another. It is alleged that at about 5 - 5.30 a.m. the informant woke up and after responding to the call of nature again lay down on his bed. About half an hour later i.e. at about 6.00 a.m. the informant heard the deceased shouting Pakya and on his aforesaid shouts the attention of the informant was drawn in the direction in which the deceased was sleeping and he saw that the appellant was standing near the deceased, with a knife in his hand. Thereafter the appellant is alleged to have run away. The attention of the other two witnesses of fact is also alleged to have been attracted on hearing the shouts of the deceased and they are said to have seen the appellant running away from the place of the incident with a knife in his hand. An endeavour was made by the witnesses to catch the appellant but he managed to run away.

3. After the appellant had run away the informant and others offered some water to the deceased, who was still alive. Thereafter, P.W. 6 Prakash brought a taxi and on the same Arun was taken to J.J. Hospital. On the way, he is said to have been repeating, at last Shankar stabbed me by a knife. In the hospital Arun was admitted in Ward No. 4 where after some time (at 7.10 a.m.) he succumbed to his injuries.

4. The post-mortem examination of the dead body of the deceased Arun was conducted by Dr. Ramkrishna Govindram Bhusale - P.W. 8. On the dead body the doctor found the following two ante-mortem injuries :

1. Penetrating injury (Stab injury) over abdomen above epigastric region, 3 cm above umbilicus in mid-line obliquely vertical 1.5 cm x 1 cm spindle shaped.

2. Cut incised wound on left arm lower part just above elbow, medial surface 2 cm x 1 cm reddish in colour.

5. On internal examination the only damage which the doctor found was that the right artery was punctured at ileum. In the opinion of the doctor the deceased died on account of stab injury to the abdomen, namely ante-mortem injury No. 1. The doctor also opined that the aforesaid injury was sufficient in the ordinary course of nature to cause death.

6. On the basis of the F.I.R. lodged by P.W. 1 Govind Tukaram Deogikar at 5.10 p.m. the same day (17-4-1989) a case under section 302 I.P.C. was registered against the appellant.

7. The investigation took place in the usual course and after its completion the charge-sheet was submitted against the appellant.

8. In the trial Court a charge under section 302 I.

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