This criminal appeal has been pre ferred by the appellant against the judg ment and order dated 8-1- 2001, passed by Sessions Judge, New Tehri in Ses sion Trial No. 4 of 1997, convicting the accused/appellant Jayanand U/s 302 I. P. C, and sentencing him to undergo imprisonment for life.

2. Brief facts of the prosecution case are that oh 24-10-1996 at about 9. 30 p. m. when Nagendra Dutt and his wife Smt. Sushila Devi were sleeping in their house, they came out for urinat ing and while they were urinating, ac cused/ appellant (hereinafter called the appellant) came there and stabbed Nagendra Dutt on his neck by a knife. Upon this Nagendra Dutt and his wife cried. On hearing their cries, Brijendra Dutt, the brother of Nagendra Dutt came out at the chowk of the house and saw Nagendra Dutt bleeding from his injuries and having caught hold of accused Jayanand. Nagendra Dutt told him in the presence of witness Bishambhar Dutt that accused Jayanand had stabbed him with his knife. In the meantime village people assembled on the spot on hearing the cries and the appellant taking advan tage of it, succeeded in running away from the spot. In the same night Nagendra Dutt in the injured conditi

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