Bharat Bhushan, J.

This appeal is directed against the judgment and order dated 25.3.1983 passed by the then 3rd Addl. Sessions Judge, Bareilly in Sessions Trial No. 142 of 1982 (State v. Jhangan) arising out of Case Crime No. 330 of 1981, Police Station Aonla, District Bareilly whereby the appellant Jhangan was convicted under Section 302 IPC and sentenced to life imprisonment.

2. Prosecution story in brief is that the informant Mohabbat Ali (P.W.-1) was friend of deceased Taqi Mohammad as well as the appellant Jhangan. Deceased Taqi Mohammad used to own a shop of cut-piece clothes as well as small tailoring shop. Both the informant and appellant used to get their clothes tailored by Taqi Mohammad (deceased) which in turn developed into friendship among all the three persons. Appellant used to live in a rented house near Chacha Nehru School. Deceased and informant used to visit the appellant Jhangan frequently. One month prior to the main incident, deceased Taqi Mohammad was cracking jokes, laughing and talking mainly with the wife of appellant infuriating the appellant. A row erupted between the appellant and his guest deceased Taqi Mohammad. Appellant was on the verge of