JUDGMENT

Ahmadi, J. - This appeal by special leave is preferred by the appellant Khujji @ Surender Tiwari who has been convicted by both the courts below under section 302 IPC for the murder of one Gulab. The facts leading to this appeal, briefly stated, are that on the evening of May 20, 1978 the deceased Gulab and his companion PW4 Ramesh Chander hired a Rickshaw to go to the dispensary of Dr. Mukherjee. PW 3 Kishan Lal pulled the Rickshaw and while he was passing through Suji Mohalla near Panchsheel Talkies the appellant and his companions surrounded the Rickshaw and launched an attack on the deceased and his companion. PW.4 was the first to receive an injury by a cycle chain. Sensing trouble both Gulab and PW 4 jumped out of the Tickshaw and ran in different directions. Gulab ran towards Suji Mohalla where as PW4 ran towards Panchsheel Talkies. They were chased by the assailants who formed themselves into two groups. PW4 was fortunate enough to escape with not too serious an injury but his companion Gulab received stab wounds to which he succumbed on the spot. The evidence of PW 12 Dr. Nagpal shows that the deceased had received three injuries, namely, (i) a penetrating stab wo