( 1 ) BALU Ramu Machhi the appellant in this appeal challenges the judgment of the learned Additional Sessions Judge Surat whereby the learned Additional Sessions Judge convicted him of the offence punishable under sec. 302 I. P. C. and sentenced him to suffer imprisonment for life.

( 2 ) THE facts of this case as alleged by the prosecution may be briefly stated as follows :-"the deceased Dineshchandra Nagindas Chauhan was having illicit relations with the sister of this Balu Ramu Machhi and on account of the same there used to be quarrels between the deceased and Balu Ramu. On 8-4-198 the deceased and the accused were seen together in a fair which was held at village Bodhan Taluka Mandvi District Surat. They were seen going towards the merry-go-round. Some time thereafter the accused gave blows to Dineshchandra by a Gupti which was with him and thereafter he ran away. Some persons who were near about the scene of the incident saw the accused giving blows to the deceased. One Bhogilal Maganlal Patel who happened to be the brothel of Police Patel Shantilal Maganlal was also there in the fair and he did not see the actual assault on the deceased but he saw the accused