BIJENDER SINGH Vs. STATE

JUDGEMENT

(1.) DISCUSSING the testimony of the witnesses of the prosecution and in particular Anand Narayan Srivastava PW -7, the learned Trial Judge has concluded the impugned judgment and order dated 6th February, 2006 by recording a finding, in para 27 of the decision, as under:

(2.) ANAND Narayan Srivastava PW -7 has deposed as under:

(3.) LEARNED senior Counsel for the appellant has urged only one submission, being that, there being no evidence of past enmity; there being no motive for the crime; the act of the appellant being the result of a sudden quarrel; the weapon of offence being a kitchen knife readily available at the place where the crime took place; appellant inflicting only one injury and no more; appellant not fleeing from the place of the crime and as deposed to by Anand Narayan Srivastava PW -7 the appellant having helped in taking the deceased to the hospital, at best, the offence committed by the appellant would be culpable homicide not amounting to murder.