K.S. LODHA, J.—Shaitan Singh has been convicted under section 302 IPC. and sentenced to imprisonment for life by the learned Sessions Judge, Jodhpur on 30.4.81. He has come up in appeal.

2. The only contention raised before us in this case is about the offence which can be attributed to the appellant. The fact that he had caused injuries to the deceased with a knife resulting into the death of the victim has not been disputed before us

3. In view of the limited argument raised before us we shall only state the facts relevant for that purpose.

4. The deceased Anil Kumar was employed as a helper in the New Power House, Jodhpur, where the accused Shaitan Singh was also employed as a helper and truck driver. It is alleged that at about 10 or 10 30 am on 26 6 80 when Shaitan Singh was sitting with some other persons on a cement bench in the power house, Anil Kumar came there. Anil Kumar asked the accused Shaitan Singh why he was involving him in the letter episode The story behind this accusation was that a personal latter of the accused Shaitan Singh had been opened by some one and the accused was suspecting Anil Kumar to have done so. On this some altercation took place between Shaitan S

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