K. B. Srivastava, J. :- The appellant Abdul Habib has been convicted under Section 302 of the Indian Penal Code, and sentenced to undergo imprisonment for life. This appeal is directed against that conviction and sentence.

2. The prosecution case, in brief, is as follows :-

One Dr. Kapur in the Army Medical Corps. was posted at Lucknow and was occupying the Payagpur house as his residence. Sarwan Singh (P.W. 13) was also in Army Services and one of his duties was to carry Army dak to the residence of Dr. Kapur. He went to deliver the dak, as usual at about 4.45 p.m. on January 17, 1970 and after parking his cycle outside the house, delivered the dak to him. While he was about to return after delivering the dak, he noticed the appellant mounting his cycle and attempting to run away. Sarwan Singh challenged the appellant to stop and intercepted the flight by catching hold of his cycle. The appellant thereupon whiped out a knife and gave a stab blow near the right elbow and then leaving the cycle aside took to his flight. Sarwan Singh raised a hue and cry and many person joined in the pursuit of the fleeing appellant. They were raising a slogan that the appellant should be ar