VISHNU SAHAI, J. :- Through this appeal the appellant challenges the judgment and order dated 16-8-1988 passed by the IIIrd Additional Sessions Judge, Nashik, in Sessions Case No. 22/1988, convicting and sentencing him to undergo 10 years R.I. for an offence punishable under Section 307, I.P.C.

2. Is short the prosecution case runs as under:

The informant - victim Narpatsingh Rathod PW-1 at the time of the incident was serving as Havaldar in Artillery centre in 9/3 ADM. at Nashik. He was attached to M.T. section. The appellant was in charge of the said section. On 18-12-1998 at about 8.30 p.m. the victim and the appellant were in Wing No. 1 of building No. P/124 of M.T. Line No. 9, of Artillery Centre at Nasik Road. At that time the appellant was talking with Ved Prakash and Brij Kishor. Havaldar Hukumsingh, Naik Ramchandra and some others were also present there. The appellant started inflicting abuses on the victim and questioned him as to why he was standing there. An altercation, which lasted for 10 to 15 minutes, took place between them. The appellant asked the victim to sit in his cot and thereafter took him outside. After some time the appellant and the victim came ba