( 1 ) THE appellant Roop Chand preferred this appeal being aggrieved by the judgement and order of sentence passed in Sessions Trial No. A-129/79, u/s. 302 I. P. C. The learned sessions Judge, Sri P. C. Saxena has convicted him for the offence under S. 302 I. P. C. and was further pleased to sentence him to suffer R. I. for life.

( 2 ) THE prosecution story runs as follows : The appellant owns an atta Chakki and some time before the incident he had got the grinding stones of the said Chakki repaired by the deceased for which Rs. 30. 00 was settled as labour charges. Out of the said amount Rs. 10. 00 only was paid to the deceased and on 27-10-78 at about 8. 45 p. m. when the deceased went to the appellant to demand the balance amount of Rs. 20. 00 the appellant assaulted him with a knife in front of the betel shop of Shyam Lal. The place of occurrence is situated just in front of Sadar Hospital, Pilibhit and so the deceased immediately was taken, in injured condition, to that hospital where he was medically examined by Dr. O. P. Warankar (P. W. 7), Mangali Prasad (P. W. 2) is the son of the deceased. At about 9 oclock when he came out of his house, he heard some passer