1This appeal is directed against the judgment of conviction and order of sentence dated 13-2-2003 passed by VIIth Addl. Sessions Judge (FTC), Drug, in Sessions Trial No. 219/2001 whereby the appellant has been convicted under S.302, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/-, in default of payment of fine, to further undergo simple imprisonment for six months.

2. The case of the prosecution is that on 27-3-2001 at about 10 p.m. Satwantin Bai (PW 2) was present in front of her house. She heard the commotion from a nearby place i.e. chabutara. When she went towards there, she saw that the appellant was quarreling with her nephew Sanjay Yadav (PW. 4). The deceased Punarad Yadav alias Balla also came over there and said to the appellant as to why he is quarreling with Sanjay Yadav. On this leaving Sanjay Yadav, the appellant pushed Punarad Yadav, took him to some distance and gave one knife blow on the left side of his chest and ran away from the place of occurrence. The occurrence was witnessed by Satwantin Bai (P.W. 2). Punarad Yadav died on the spot.

3. The first information report, Ex. P. 10, was lodged by Satwantin Bai (P.W. 2) on the same nig