(1.) S. K. Aganval, J. The present ap peal was filed by the above appellant against the order of his conviction under Section 302 IPC and consequent sentence of life imprisonment passed by Sri A. P. Mittal, Sessions Judge, Rampur, on 2-12-1980 in ST. No. 30 of 1980.
(2.) THE prosecution version, as con tained in the FIR, is that on 4-11-1979 at about 9. 30 a. m. when the informant Zahidullah alongwith his brother Sajidullah (deceased and Shakirullah were returning via triangular crossing at Majar Khurmewali, they were accosted at that crossing by appellant Mutahir Mian. THE appellant challenged them by saying "bahadur Aa rahe hain". On this the deceased questioned the appellant. Imme diately thereon he was stabbed thrice by the appellant. His brother Zahidullah, in order to save his brother from any further assault, attacked the appellant with a knife, resulting into simple injuries on the person of appellant. Finding the condition of the injured grave, leaving him in the custody of his brother- in-law Yakub Khan and younger brother Shakirullah with the instruction to carry him to the hospital, Zahidullah immediately proceeded to the police station for reporting the matter. THE report was got scribed from P. W. 9 Rajendra Prakash Saxena and the same was lodged by him at the police station Kotwali, Rampur, at about 10. 15 a. m. THE FIR was marked as Ext. Ka-1. THE chick report is Ext. Ka-3 and copy of the G. D. entry was marked as Ext. Ka-4. THE investigation of the case was taken over by P. W. 8 S. I. Iqtedar Hussain Rizvi.
(3.) IT is an admitted fact that the appel lant reached the police station at about 10. 00 a. m. His report was taken down at 10. 00 a. m. as earlier pointed out, it is Ext. Ka-6.