IMPORTANT POINT
In assessing the credibility of any witness the main considerations are (i) his integrity, (ii) his ability and (iii) consistency with each other, the conformity of his testimony with experience, and its corroboration by prompt F.I.R., medical evidence, consistent statements and other collateral circumstances.

JUDGMENT

N. N. Sharma, J.- This appeal is directed against judgment dated 29- 7-1978 by Sri T. P. Gupta, learned V Additional Sessions Judge, Kanpur who convicting appellant under Section 307 read with Section 34 of Indian Penal Code sentence him to seven years rigorous imprisonment.

2. The incident was alleged to have taken place on 8th November, 1974 at about 8. 15 P.M. at the gate of bunglow No. 2-A Laxman Bagh Colony, Kanpur when appellant along with two associates in furtherance of their common intention, stabbed Sri Rajat Kumar, I.A.S. Joint Director of Industries, Kanpur (P.W.6).

3. Prosecution story briefly stated is that an anonymous letter (Ext.1) was received by Sri P. C. Bhatnagar (P.W. 4), Controller of Exports and Imports U. P., Kanpur against M/s Ung Soe Hoe Co. Kanpur and ten others alleging the said firms to be bogus who had obtained licences from the office of Exports and Imports through Sri Narain Singh Yadav along with his covering letter Ext. Ka-5 dated 1st May, 1974. He sent it for enquiry to Sri Rajat Kumar (P.W. 6). This enquiry was conducted by Sri Rajat Kumar, Sri B.K. Mehrotra, Joint Director of Industries, Industrial Estate and Sri S. K. Sharma, Assistant Engineer who submitted report Ext. Ka.6 on 12th October 1974. During the course of enquiry, the committee found that such firms were bogus; Narain Singh Yadav, co-accused of appellant and Gur Dayal Singh appellant, were related to these firms. It was recommended vide Ext. Ka-4, that registration of these eleven firms be cancelled and the facility of supply of raw material and other facilities to them be stopped and penal action should be taken against them. On submission of this report, Director of Industries procured orders from the Government and asked Sri Rajat Kumar to take further action in the matter. Sri Rajat Kumar passed an order Ext. Ka.8, on 29th October 1974 for de-registration of these units and for taking further action. The Deputy Chief Controller of Imports and Exports was informed by Sri Rajat Kumar in this connection vide letter dated 31-10-1974, Ext. Ka-9.

4. It was on 12th October, 1974, at about 9.00 P.M., when Narain Singh Yadav went to the residence of Sri Rajat Kumar and threatened him with dire consequences as the report was submitted against him by the victim. This fact was brought to the notice of Director of Industries, Kanpur by Sri Rajat Kumar.

5. On 30th October, 1974, at about 6.00 or 6.30 P.M., while Sri Rajat Kumar was working in his office, Narain Singh and Gur Dayal Singh reached there and threatened Rajat Kumar to ruin him as he was responsible for the collapse of their business. During the time of threat, Gur Dayal Singh kept standing at the door while Narain Singh was holding out the threat". A secret note about this incident was again sent by Sri Rajat Kumar to Director of Industries vide Ext. Ka- 10 dated 30-10.1974.

6. On 8th November 1974, at about 8.15 P.M, Sri Arvind Kumar Verma (P.W. 3), the then Additional Director of Industries, Kanpur along with his wife had come to meet Sri Rajat Kumar and were sitting in his drawing room, one person approached the door of the verandah and told Sri Rajat Kumar that Director of Industries was awaiting for him out side. When Sri Rajat Kumar came out and reached the gate of his compound, he found two other persons including Gur Dayal Singh appellant, standing there, the Director of Industries was not there. Sri Rajat Kumar got suspicious and hastened for his room. After making some gestures, all the three assailants stabbed Sri Rajat Kumar with knives causing grievous injuries on his person. One of the assailants who was well known to Sri Rajat Kumar, was Gur Dayal Singh appellant. Sri Rajat Kumar sustained injuries in his abdomen thigh and arms and raised alarm; victim had also heard two gun shots being fired at that time; whereupon Sri Arvind Kumar Verma etc., reached there and found Sri Rajat Kumar fallen. Sri Rajat Kumar had also heard the utterance by Gur Dayal Si