JUDGMENT

1. This criminal appeal under section 374 (2) of the Code of Criminal Procedure has been filed by the appellant Lokman against the judgment of conviction and order of sentence dated 19.5.1998 passed by VIIth Additional Sessions Judge, Jabalpur in Sessions Trial No. 604/95 whereby appellant Lokman has been convicted for commission of offence punishable under section 307 of IPC and has been sentenced to undergo rigorous imprisonment for a period of 5 years.

2. The prosecution story in short is that on 28.4.1995 at about 9:35 a.m. Santosh Yadav (PW-4) resident of village Gram Sundarpur P.S.Panagar lodged FIR stating that he is a milkman and sells milk. Today he by his bicycle had come to sell milk in Chandan Colony Manegoan. After giving milk in Chandan Colony with a view to purchase Khalli Chunni from Munna Khalli Chunni’s shop he came to Sai Pradhan. After parking his bicycle in front of the shop of Munna, he was standing there. At around 9:05 a.m. someone from back side put a hand on his left shoulder. At this, when he looked back, he found that middle son-in-law of his uncle (phoopha) Phoolchand, gave a knife blow on the right side of his back and fled away after thrusting