Honble GOYAL, J.–This appeal is directed against the judgment dated 12.1.99 passed by the learned Additional Sessions Judge No.1, Jaipur City, Jaipur in Sessions Case No. 53/97 whereby the appellant Shri Anwar Hussain was convicted and sentenced under Section 302 IPC to undergo life imprisonment and a fine of Rs. 1,000/-, in default to further undergo three months Simple Imprisonment.

(2). Briefly, narrated the prosecution story is that on 13.10.97 at 3 p.m. PW.1 Mohammed Muslim lodged a written report Ex.P.1 at Police Station Ramganj, Jaipur with the averments that his cousin brother Shri Mohammed Aziz (since deceased) was living with him in Balaji Ki Kothi. A sum of Rs. 23,000/- as price of precious stones was due against Anwar Hussain. Mohammed Aziz demanded his money on various occasions and on such demand one month earlier, Anwar Hussain being annoyed threatened to kill Mohammed Aziz. At about 1.45 p.m. on 13.10.97, Mohammed Aziz alongwith Mohammed Muslim-informant and Manjoor Ali PW.9 was going to the house of Anwar for making a demand of this money. They found Anwar standing over a road divider infront of Madina Hotel. Over making a demand by Mohammed Aziz, Anwar started abusing and on asking not to abuse, he took out a naked Katar from his trousers pocket and with intent to kill inflicted Katar blow upon the right thigh of Mohammed Aziz. Consequently, Mohammed Aziz fell down. Shri Anwar ran away alongwith the Katar. They brought Mohammed Aziz to S.M.S. Hospital where he was declared dead by the Doctor.

(3). A formal FIR Ex.P.2 was registered under Section 302 IPC. After usual investigation, charge-sheet came to be filed in the Court of learned Additional Chief Judicial Magistrate No.3, Jaipur city Jaipur, who committed this case to the Court of Sessions Judge. In due course charge under Section 302 IPC was framed. The accused pleaded not guilty and claimed trial. The prosecution examined as many as 14 witnesses. The accused was examined as provided under Section 313 Cr.P.C. He denied entire prosecution evidence. It was stated by him that witnesses Mohammed Muslim, Manjoor Ali and Deen Mohammed were respectively brother, friend and tenant of deceased Shri Mohammed Aziz. One witness Dr. Mohammed Hussain Jafari was examined in defence. Having heard final submissions, learned trial Court convicted and sentenced accused-appellant as above.

(4). We have heard learned counsel Smt. Gyanwati, learned Public Prosecutor Shri Rajendra Yadav and scanned the entire evidence. PW.14 Dr. Dharmendra Kumar the then Medical Jurist, S.M.S. Hospital, Jaipur conducted the post-mortem on the dead body of Shri Mohammed Aziz at 5 p.m. on 13.1097 and prepared the post- mortem report Ex.P.14. He noted following ante-mortem injury.

Stab incised wound of size 2cm x 1cm x muscle deep present on front of right thigh 14 cm distal to right anterior ileus spine. On dissection it is diverted posteriorly in the thigh muscles. Further dissection showing through and through incision of femoral artery and also femoral vein lying under the artery. The track is diverted further at posteriorly incised another unidentified branch of femoral artery. Still there is bleeding present under the femoral artery wound. Fresh haematoma large amount present in surrounding muscles. The track is ending in muscles posteriorily in the posterior muscles of thigh. The wound track is far from femur bone.

(5). In the opinion of doctor cause of death was shock brought as a result of ante-mortem injury as mentioned in the post-mortem report. It was sufficient to cause death in ordinary course of nature. The injury was caused by sharp pointed weapon. This injury was possible by Katar, Article 1, which was shown to the doctor at the time of his statement. In view of this medical evidence, it is well proved that deceased Shri Mohammed Aziz died on account of this injury.

(6). Learned trial Court relying upon evidence of three witnesses namely PW.1 Mohammed Muslim, PW.3 Deen Mohammed, and P

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