JUDGMENT

Malik Sharief-Ud-Din, J. - The appellant Nanney Khan was tried for an offence under section 302 I.P.C. by the Addl. Sessions Judge, Delhi and was convicted and sentenced to undergo imprisonment for life.

2. The date of incident is 6th December, 1980 at 7 or 7.30 p.m. and the place of incident is opposite house No. 124 Patparganj, a public lane, Delhi, at a distance of 3½ Km. to the West of police station Kalyan Puri. The F.I.R. was registered after P.W. 2 Mohd. Sharif, son of Habid Khan, made a statement Ex. P.W. 2/A before Shri Prem Nath Malhotra S.I. soon after the incident. The victim of the assault is one Ishaq, brother-in-law of the appellant. Ishaq deceased was stabbed a number of times resulting in large number of injuries on his body and he was declared dead soon after he was removed to the hospital.

3. We may at the very outset also state that the alleged eye witnesses in the case, who were examined by the prosecution, are P.W. l Firmuddin, P.W. 2 Mohd. Sharif, P.W. 3 Islamuddin, P.W. 5 Babuddin and P.W. 13 Smt. Munni, widow of deceased and sister of the appellant. We may also notice that out of these alleged eye witnesses only P.W. 13 have supported the prosecuti