Per: Rakesh Saksena,J.:-

Appellant has filed this appeal against the judgment dated 30th September, 1997 passed by II Additional Sessions Judge, Jabalpur in Sessions Trial No.254/1985 convicting him under section 302 I.P.C. and sentencing him to imprisonment for life.

2. In short, the facts of the case are that there had been enmity between acquitted accused Shyam Kesarwani and Shankerlal @ Bhola, the deceased. Appellant Sushil Yadav was the friend of Shyam Kesarwani. On 15.3.1985, at about 6:00 p.m., when deceased was sitting on his ration shop for selling sugar, appellant came armed with a knife and dealt its blow on his abdomen, back, hand and leg and ran away. Deceased believed that appellant assaulted him on the move of Shyam Kesarwani. Deceased was taken to police station Kotwali, Jabalpur where he lodged first information report Ex.P/12, thereafter he was shifted to Victoria Hospital for treatment.

3. Dr. Sheela Agrawal (PW-5) examined the injuries of injured Shankerlal and found four injuries on his body. The injuries were deep and bleeding.

4. On the requisition by police, G.P.Gonthiya, Tehsildar (PW-13) went to Victoria Hospital and recorded dying declaration Ex.P/1