JUDGMENT

Vishnu Sahai, J. – The appellant aggrieved by the judgment and order dated 13th December 1993 passed by the Additional Sessions Judge, Ratnagiri, in Sessions Case No. 91 of 1992, convicting and sentencing him to undergo life imprisonment under section 302 IPC, has come up in appeal before us.

2. Briefly stated the prosecution cases as under:

The informant Suraj Paste (P.W. 1), Mahesh Tilekat (P.W. 2) and the deceased Harishchandra Nachankar were friends. On 20th July 192 at about 7 p.m. they had gone on an autorickshaw to see places to see places like Thiba Palace, Hanuman Temple etc. in Ratnagari. At about 10.30 p.m. the same day, they reached the rummy club of Adam Memon, situated near the new vegetable market, within the limits of Ratnagiri City Police Station, Ratnagiri. At that time the deceased Harichandra askede the appellant, who was present in the club, as to where Adam Mamon was. On that the appellant hotly replied that he did not know his whereabouts and he could search for him. An exchange of abuses and hot words took place between the appellant and the deceased and the appellant took out a dagger (Knife) from the side of his waist and inflicted blows with same