The prosecution case regarding motive cannot be believed because the alleged fight two days before the incident of 25.11.1973 is number spoken to by PW 5 himself in whose shop the earlier incident allegedly took place.
The state being aggrieved by the said judgment of the sessions judge filed an appeal before the High Court at Allahabad challenging the acquittal of all the three accused persons.
The High Court did number grant leave in regard to the two other accused and granted leave only in regard to the appellant before us.
The deceased suffered one injury on his back and he died about 2 hours later in the hospital.
Though it is proved from the prosecution case that the appellant has caused this injury, still it cannot be said that the appellant either intended to cause the death of the deceased or had the knowledge that he would cause the death of the deceased by causing the said injury.
The appellant has also suffered as many as 11 injuries out of which one of the injuries is an incised wound obviously caused by a sharp edged weapon.
