Awasthy, J. -- The appellant has preferred this appeal against judgment dated 11.5.1990 Passed by IVth Additional Sessions Judge, Bhopal in Sessions Trial No. 32 of 1989 against his conviction under section 302 of the Indian penal Code and sentence of life imprisonment.

The prosecution case is that on 28.9.1988 at about 1.35 p.m. at Kabitpura, Bhopal, deceased Irfan had scuffle with the appellant and the appellant took out the knife and gave blow on the chest of Irfan. That Irfan ran towards his house and he was chased by the accused. When the deceased reached his house the accused went away saying that he will not leave him to go to the hospital. Eye witnesses of the offence are mother of deceased Khalikulnisha (PW 5), her daughter-in-law Kiswar Jahan (PW 4) and her son Taufique (PW 9). Kiswar Jahan (PW 4) rushed to the Police Station Shah Jahanabad and first information report Ex. P. 7 was recorded on that very day at about 1.51 p.m. by Assistant Sub-Inspector R.N. Mishra (PW 8). Irfan was declared dead in the hospital and postmortem of the dead body was conducted by Dr. J.N. Soni (PW 2). Dr. IN. Soni (PW 2) has found that in the left side of the chest of deceased, there was an incised wound which had cut the lungs and the cause of the death was the shock and haemorrhage due to the injury. Investigating Officer Kuber Singh Rajput (PW 11) took the recovery statement Ex. P. 2 of the appellant on 29.9.1988 and a knife was recovered on his instance from nearby bushes. Investigating Officer has also prepared map Ex. P. 13 of the place of incident and after recording statements of eye witnesses Rahman Khan (PW 6) and Mehruddin (PW 10), charge-sheet was filed against the appellant under section 302 of the Indian Penal Code.

The accused abjured the guilt and he in his statement under section 313 CrPC denied the statement of the prosecution witnesses and pleaded false implication due to enmity.

The learned Sessions Judge has examined the statements of PW 1 to PW 11 and convicted the appellant under section 302 of the Indian Penal Code and sentenced as aforesaid.

The contention of the learned counsel for the appellant is that the learned trial Court has erred in relying the oral testimony of Kiswar Jahan (PW 4), Khalikulnisha (PW 5) and Taufique (PW 9) and the conviction is liable to be set aside.

Learned counsel for the State has supported the judgment of the learned Additional Sessions Judge and alleged that the statements of all the three eye witnesses are unblemished and trustworthy and there is no substance in appeal.

Dr. J.N. Soni (PW 2) has stated that on 28.9.1988 in Gandhi Medical College, Bhopal, dead body of Irfan aged 16 years was brought for the post mortem by the police and during autopsy, it was seen that there was stab wound on the left pectoral region which was sized 4 cm. x 1.5 cm. deep into the lungs. Dr. J.N. Soni (PW 2) opined that the death was due to shock and haemorrhage as a result of the chest injury which was caused by a sharp and penetrating object. Thus, it is clear that the death of Irfan aged 16 years was caused due to stab wound and the death was homicidal in nature.

Khalikulnisha (PW 5) has stated that deceased Irfan was her son who came running to her house and was crying for the help. Khalikulnisha (PW 5) has deposed that the accused came running with the knife in his hand and he was saying that Irfan will be killed. Kiswar lahan (PW 4) has stated that Irfan was the younger brother of her husband and when she was in her house, then the appellant came chasing Irfan and Irfan was saying that the appellant had inflicted knife blow on him. Taufique (PW 9) has stated that Irfan was his brother and the appellant had inflicted a knife blow on the chest of his brother Irfan. Taufique (PW 9) has further . stated that when Irfan was running for the rescue towards his house then the accused chased and abused him and he was saying that he would not allow Irfan to reach the hospital. Ther