( 1 ) NASEEM Ahmad son of Abdul Hamid resident of village Burbanpur, police station Sheohara, district Bijnor has filed this appeal under Section 374 of the Code of Criminal Procedure against the judgment dated December 18, 1976 passed by the Second Additional Sessions Judge, Nainital in Sessions Trial No. A-123 of 1975, convicting him under Section 302 Indian Penal Code and sentencing him to life imprisonment.

( 2 ) ON June 27. 1974 at about 11. 40 P. M. , Jagannath (P. W. 3) was on duty at Railway Station Ramnagar of the North. Eastern Railway. At that time 127 Up arrived from Moradabad. For purposes of clearing the line of a goods train which was stationed at the Ramnagar station be passed through compartment No. 7782a of 127 Up [train.- He had a lantern in his hand. He saw a man lying on the floor of the said compartment of 127 Up train who was covered with chadar. He met Tika Ram waterman on the way and asked him to awake the said person who was in the aforesaid compartment and, in the mean-time, he went to give signal to the goods train. On return after clearing the line of the goods train Jagannath (P. W. 3) again met Tika Ram aforesaid. Tika Ram told him t