JUDGMENT

P. N. Goel, J. -Pradeep Kumar Pathak has been convicted and sentenced under S. 304, I. P. C. to undergo R. I. for 10 years by order dated 27-8-1976 passed by IInd Additional Sessions Judge, Moradabad in Sessions Trial No. 327 of 1975.

2. The appellant is the son of Shyam Lal Pathak and lives in Mohalla Kan-jari Sarai, Parshadi Lal Road, Civil Lines, Moradabad, Munish Chandra (P. W. 1) and his son Chandra Mohan, aged about 22 years lived in the same locality in the year 1975. On 25-5-1975. Munish Chandra and his son Chandra Mohan were coming in the rickshaw of Faiyaz (P. W. 2) from a locality called Amroha Gate towards their mohalla. Their rickshaw reached in front of the L shop of Nirmal Saxena tailor. Munish Chandra and Chandra Mohan got down from the rickshaw. The appellant happened to come there and told Chandra Mohan that he was his friend, that he insulted him by giving abuses, that he should now see his hostile attitude and that he would not leave him alive. Immediately saying so the appellant took out a knife from the pocket of the pant and struck it at the chest of Chandra Mohan. Chandra Mohan fall down. Munish Chandra with the help of Pitam (P. W. 3) lifted him and