Prafulla C. Pant, J.

This appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr.P.C.), is directed against the Judgement and order dated 24-10-1989 passed by the then learned Sessions Judge, Pauri Garhwal, in Sessions trial No. 34 of 1986 whereby, the appellant Khushal Singh has been convicted of the charge punishable under Section 302 of the Indian Penal Code, 1860 (for brevity hereinafter I.P.C.) and sentenced to undergo imprisonment for life.

2. We heard learned counsel for the parties and perused the entire evidence on record.

3. In brief, prosecution story is that appellant Khushal Singh, a Forest Ranger, on 29-04-1986 at about 08:30 P.M. stabbed Sri Surendra Dutt Chamoli, Forester, with a knife with an intention to kill him. The incident took place in village Kankhet, Patti Maniyarsyun, District Pauri Garhwal on the road in front of the office of the Forest Department. Co-accused Ganpati, a Forester, alongwith his Orderly Raghunandan (Ganpati was not chargesheeted by the Investigating Officer and co-accused Raghunandan was acquitted by the trial court) aided the appellant in the stabbing incident. A First Info