R. BALIA, J.

( 1 ) FOR the occurrence, which took place at 12 noon on 9/5/1998 at Badi Sadri, the appellant was tried for the offence u/s. 302 IPC. The FIR in respect of occurrence was lodged by Mushtak Khan S/o Mansoor Khan at 12. 40 on the same date alleging that while he was sitting at the shop of Sohanlal Pan Wala, situated near Bohro Ki School, Devi Singh Rajpurohit informed him that his brother, Shabbir Khan has been stabbed by Rafiq Khan S/o Vazir Khan, Kapasiya Bazar, Near Maszid and he has been taken to hospital by Shakur Mohammad and on reaching hospital, he found that Shabbir Khan is lying dead at the operation theatre and his brother Shakur Mohd. was standing there and Shakur Mohd. informed him that his brother Shabbir Khan was going towards the market and Rafiq came from the market and near Maszid Rafiq stabbed on the left side of his stomach. He tried to intervene, but Rafiq has escaped with the knife in his house. He also stated that a dispute was going on between Rafiq and the informants family concerning land and this morning there has been altercation in respect of wires of tubewell between Rafiq and Shabbir Khan.

( 2 ) THE Parcha Bayan is Ex. P7. The po