Hon’ble P.K.S. Baghel, J.—The appellant, who stands convicted for offence punishable under Section 302 I.P.C., has been sentenced to imprisonment for life by Sessions Judge, Meerut by judgment dated 17th June, 1989. The said case arises out of Sessions Trial No. 69 of 1989.

2. The incident took place on 8.12.1988 at 10.45 a.m.. According to the prosecution the appellant stabbed the deceased Firoz in broad daylight in front of his brother P.W.-1 Anisuddin, P.W.-2 Shahnawaz who was the employer of the deceased and Shaukin P.W.-3, a neighbour. After the occurrence of the incident the P.W.-1 submitted a written tahrir (complaint) in Police Station Brahmpuri, Meerut on the basis of which a chik F.I.R. was prepared by the P.W.-6 Rakesh Singh and a First Information Report was recorded at 11.15 a.m.. The investigation was entrusted to S.I. Laik Singh, P.W.-4.

In the F.I.R. it was stated that on 8.12.1988 in the morning the appellant/accused who is of bad character came in the locality of complainant alongwith a youngster. The deceased Firoz asked him not to bring undesirable e