SRIVASTAVA PROVES 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.) Notwithstanding the fact that Anand Narayan Srivastava fully supported the case of the prosecution when he was examined in chief on 1.4.2004 he resiled from his testimony when he was cross-examined on 25.8.2004, but placing reliance on the decision of the Supreme Court reported as Khujji Vs. State of MP 1991 Crl. LJ 2653, finding returned by the learned Trial Judge is that the testimony of Anand Narayan Srivastava proves that the appellant and the deceased were trainees at C-10, Qutub Institutional Area and were present at the institute at around 10:50 AM on 12.7.2003. An altercation took place between the two. The altercation resulted in a physical scuffle. Due to intervention of the colleagues in the office the two were separated but immediately thereafter appellant inflicted a blow with a knife on the chest of the deceased.