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G.N. RAY, J.-This appeal is directed against judgment dated October 12, 1982 passed by the Division Bench of Nagpur Bench of Bombay High Court in Criminal Appeal No.247 of 1980 affirming the conviction of the appellant under S. 302 of the Indian Penal Code and sentence to undergo imprisonment for life.

2.  The prosecution case in short is that the deceased Ganpat was undergoing sentence and was released on parole. On November 21, 1979, at about 4-30 p.m., the deceased Ganpat visited the shop of Shaligram (P.W.1) and asked for boiled eggs. Opposite to the shop of Shaligram a shop was run by Girjiashankar and Anil (P.W.2) in partnership. While Ganpat was standing near the shop of Shaligram, accused Nashik came there armed with a knife and he caught hold of the shirt collar of the deceased and abused him. Thereafter, a scuffling started between them. Nashik was overpowered and made to fall on the ground by Ganpat. Nashik then shouted in the name of co-accused Hamid for help. Hamid immediately rushed there with a knife and delivered a knife blow on the left thigh of Ganpat. Being so disabled by the knife blow dealt by Hamid, Ganpat released the grip on Nashik. The accused/appellant Nashik thereafter inflicted a strong blow on the stomach of Ganpat by the knife held by him and Ganpat thereafter fell down. The accused/appellant Nashik ran away from the place. A girl named Kiram (P.W.4) who was the niece of Ganpat was present there and when she tried to obstruct, Nashik he brandished his knife which caused injury to her finger. The said girl then went to the Police Station and lodged the report. The accused/appellant Nashik was arrested and the shirt and pant from his person were seized by the police and such shirt and pant were stained with blood. One knife (Art. 5) was found lying at a distance of 50 feet from the Thela of Shaligram and a pair of Chappals were found in the thela of Shaligram. Such articles were also seized by the police. Ganpat was rushed to the hospital but he succumbed to the injuries shortly thereafter. According to the prosecution case, the said murderous assault was witnessed by Shaligram (P.W.l), Anil (P.W.2), Kiram (P.W.4) and Debesing (P.W.5). The appellant denied his involvement in the case. The learned Sessions Judge replied on the evidence of eye-witnesses and found the appellant guilty under section 302, IPC and convicted him and awarded a sentence of rigorous imprisonment for life. So far as the co-accused Hamid was concerned, he was convicted for the offence committed under section 324, IPC and was sentenced to undergo rigorous imprisonment for two years only. On appeal the High Court upheld the conviction and sentence of the appellant.