As per Hon'ble Shri Sunil Kumar Sinha, J.:

1. This appeal is directed against the judgment dated 31st of January, 1997 passed in Sessions Trial No. 50/96 by the Sessions Judge, Bilaspur. By the impugned judgment, the appellant has been convicted u/s 302 IPC and sentenced to imprisonment for life.

2. The facts, briefly stated, are as under :

Deceased- Basant Soni had a small bicycle shop. The appellant had a betel shop near the shop of the deceased. Both were well known to each other. On 14.10.95 at about 22.00 hours, Munna Kachhi (PW 9), Ayodhya Prasad (PW 4) and their friends were sitting in front of the shop of the deceased. Santosh Yadav (PW 6) and Dila (appellant herein) also came there in drunken condition. They also sat in front of the shop of the deceased. After sometime, the deceased also came there, and on some altercation, a quarrel begun between the appellant and the deceased. The allegations are that on quarrel, the appellant went to his betel shop and brought a scissors from the shop and gave scissors blow on the abdomen of the deceased. The incident was witnessed by Ayodhya Prasad (PW 4), Santosh Yadav (PW 6) and Munna Kachhi (PW 9). The deceased fell down in in