R.K. Batta, J. - The Appellant was tried for murder of Sandeep Pandurang Kerkar alias Baban under Section 304 I.P.C.

2. The prosecution case, in brief, is that when Rajesh P.W. 3 and the deceased Baban alias Sandeep Kerkar after coming from the bar had gone to a distance of about 50 feet, some persons came from the opposite direction and the appellant hit a stone on Baban alias Sandeep Kerkar. P.W. 3 Rajesh tried to intervene, but two of the said persons came to assault him and he ran away being afraid. Subsequently, he met Krishna P.W. 4 and informed him of the assault by the appellant on Baban alias Sandeep Kekar and both of them went to Hotel Kavita and asked the appellant as to why he had assaulted Baban alias Sandeep Kerkar. On this, the appellant pulled out a razor and waved at them, as a result of which they were frightened and went away. The deceased was removed initially to Mandovi Clinic and, subsequently, to the Goa Medical College on 30th June 1996. In all, 12 injuries were found on his person and he expired on 1-7-1996. The First Information Report was lodged by P.W. 3 Rajesh Narala on 2-7-1996. The, only evidence, appearing on record against the appellan