JUDGMENT :

Syed Aftab Husain Rizvi, J.

1. Heard Sri Lal Ji Chaudhary, learned Amicus Curiae for the appellant, learned A.G.A. for the State and perused the record.

2. This criminal appeal has been filed against the judgment and order dated 16.11.1988 passed by Ist Additional Sessions Judge, Aligarh in Session Trial No. 70 of 1987 and connected Session Trial No. 659 of 1987 convicting and sentencing the appellant to undergo life imprisonment under section 302 IPC.

3. In brief the prosecution case is that complainant Sultan gave an application dated 16.5.1986 at P.S. Harduwaganj alleging therein that on 15.5.1986 at 8:35 P.M. his younger brother Saddiq has gone to fetch bidi from the shop situated beneath the mosque. When he was coming back and reached near the house of Mazhar Husain, then Nizam resident of Jalali, P.S. Harduwaganj who is a bad character and criminal and Saddiq used to desist him from such acts, stabbed Saddiq with knife. On cries of Saddiq complainant, Shakir, Shabbir and other persons came there and Nizam ran away. When Saddiq was taken to hospital he died there.

Before his death Saddiq has said that Nizam has inflicted knife blows on him.

On the aforesaid information Ca