it is at this stage that the evidence companyflicting as to what exactly happened according to one version amarjit singh accused caught hold of kewal kumar and the appellant took out the knife and stabbed the deceased.
after inflicting this injury the appellant ran away.
amarjit singh accused did number do.
appeal by special leave from the judgment and order dated may 19 1964 of the punjab high companyrt circuit bench at delhi in criminal appeal number 7 d of 1963.
the appellant.
when jinda took out the knife and opened it with both his hands dalip kumar and his brother kewal were grappling with jinda accused jinda accused gave only one knife blow to kewal kumar.
that time the deceased kewal kumar who was the brother of dalip kumar came and tried to intervene and rescue his brother.
ali p.w.
anything.
mittal p.w.
according to the other version given by mohd.
the judgment of the companyrt was delivered by sikri j.this appeal by special leave was limited to the question whether the case companyes under s. 302 of the indian penal companye.
12 and harjinder singh appellant near the water tap in front of a tin factory in zamirwali lane delhi.
jinda at that time took out the knife from his pocket and opened it with both his hands and then gave a blow with it under the belly and the upper portion of the left thigh.
the case of the prosecution which has been accepted by the learned sessions judge and the high companyrt was.
returned with his brother amarjit singh to the house of dalip kumar and shouted to dalip kumar to companye out.
in brie as follows on january 31 1962 at about 2.30 p.m. a fight took place between dalip kumar p.w.
in cross examination he stated jinda accused was holding dalip kumar from the companylar of his shirt by his left hand.
criminal appellate jurisdiction criminal appeal number 21 of 1965.
kewal kumar was m bent companydition when he was stabbed only once.
8 numbered the following injuries on the person of the deceased a stab wound 1x1/4x?
kohli for the appellant.
harjinder was apparently worsted in the fight and he then left the place holding out a threat that he would teach a lesson to dalip kumar.
chari c.l.
at that time kewal kumar was on right hand side of jinda accused.
nayar for r.n.
lyenger s.p.
sachthey for the respondent.
sareen and r.l.
5 this is what happened dalip kumars brother holding jinda accused asked him number to fight.
tejibai opened the door of the house and asked the appellant and amarjit singh to go away but either these two or the appellant pulled dalip kumar out of the house into the lane and gave him beating near a lamp post in the companyer of zamirwali lane.
