Saksena, J. -- 1. Appellant has filed this appeal against the judgment dated 6.10.1998 passed by Additional Sessions Judge, Beohari, District Shahdol, in Sessions Trial No. 106 of 1997, convicting him under section 302 of the Indian Penal Code and sentencing him to imnprisonment for life and a fine of Rs.500/-, with default stipulation.

2. In brief, the prosectuion case is that at about 5 O'clock in the evening of 24.3.1997 while Ramniwas (deceased) was sitting on his 'Chabutra', suddenly appellant and his father Lachhani (co-accused) reached there and abused him and on the exhortation of Lachhani, appellant inflicted a knife blow on the left side of his abdomen. Some people reached at the spot and appellant ran away. Ramniwas was taken to Primary Health Centre, Beohari. A written intimation (Ex.P-6) was sent from the hospital to Police Station Beohari intimating that Ramniwas was brought to hospital in injured condition. On receiving intimation L.P. Singh, ASI (PW10) went to hospital and gave a requisition (Ex.P-7) for medical examination of Ramniwas. On finding that an offence was committed he himself recorded first information report (Ex.P-8) on 25.3.1997.

3. Dr. Ramsanehi Pa