JUDGMENT - VISHNU SAHAI, J.:---The appellant aggrieved by the judgment and order dated 31-1-1996 passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 1242 of 1992 convicting and sentencing him to undergo imprisonment for life for the offence under section 302 I.P.C. has come up in appeal before us.

2.Shortly stated the prosecution case runs as under :-

On 26-8-1992 at about 7 p.m., Rajendra Sahani P.W. 8 along with one Murli was standing on a platform near Shivshakti sugar-cane Vakhar, Carter Road-9, Borivali (East) Bombay. He heard the appellant who was working in the sugarcane vakhar of one Babulal situated adjacent to Khandwani building asking Shamlal who was a co-worker in the said vakhar to bring a diary. Thereafter, Rajendra Sahani, Murli, Shamlal and the appellant stood on the said platform. After sometime, Murli went towards Sukharwadi to answer the call of nature and Rajendra Sahani P.W. 8 for urinating. Just before he had left for urinating, he heard an exchange of hot words between the appellant and one Ramkumar over a monetary dispute. After he had returned from urinating, he saw the appellant inflicting knife blows on Ramkumar, as a consequence

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