( 1 ) MOHD. Abid, the petitioner has been charged for murder under Section 302- I-P-C. of Police Station Haus Qazi, Delhi vide F. I. R. No. 174/90. The prosecuticr case is based on the fact that one Mohd. Zakhir informed the police about the stabing incident which is alleged to have taken place on 18th June, 1990 at about 11. 51 P. M. on a road near Hamdard Dawakhana, Gali Mir Afzal, Hauz Qazi, Delhi. It is the case of the prosecution that the said knife blow was given by the petitioner to the deceased Shamimuddin. The complainant, Mohd. Zakhir removed the injured to L. N. J. P. Hospital where he died on the same night. After the framing of the charge, prosecution examined some witnesses in support of its case. The doctor who filed the M. L. C. has also been examined as Public Witness 16.

( 2 ) IT is the case of the petitioner that on the said M. L. C. nowhere it is mentioned that the history was given by the injured, but the doctor when appeared in the wilness box has volunteered an information that the M. L. C. was filled on the information given by the injured/patient. The said Dr. Harish Kapoor was questioned by the accused to the effect that whenever history is