( 1 ) THIS appeal is directed against the judgment and order dated 14th December, 1993 passed by Mr. M. S. Rohilla, Additional Sessions Judge, Delhi where through the convict/appellant (hereinafter referred to as the appellant for the sake of convenience) was found guilty under section 307 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of ten years with a fine of Rs. 2,000. 00. In case of his failure to clear the fine he was further sentences to undergo rigorous imprisonment for a year.

( 2 ) BRIEF facts which led to the present appeal are as under : that Public Witness -7 Ram Bharose alongwith Public Witness 9 Ram Vilas went to their hut (jhuggi) situated in Block No. 11 near a dirty drain in Tilak Nagar, New Delhi on 22nd July, 1989 at 4:30 P. M. to collect there from fruits in a rickshaw belonging to one Public Witness 8 Arun Paswan. Public Witness 8 Arun Paswan stopped his rickshaw at a distance of 15-16 paces away from the above said hut. Whereafter injured Public Witness 7 Ram Bharose and Public Witness 8 Ram Vilas covered that distance on foot. The appellant at that time was lying on a cot opposite to the entrance of