JUDGMENT

M.K. Mukherjee, J.-Daleep Singh, the appellant before us, and seven others were arraigned before the Additional Sessions Judge, Moradabad for rioting, murder and other allied offences. During pendency of the trial one of them, namely, Jahangir Singh, died. The trial ended with conviction and sentence of the appellant under Section 302 IPC and acquittal of the other six. Aggrieved by his conviction the appellant preferred an appeal which was dismissed by the High Court. Hence this appeal at his instance.

2. According to the prosecution case, at the time the incident, with which we are concerned in this appeal, took place a proceeding under Section 145 Cr.P.C. was pending in the Court of Sub Divisional Magistrate, Amroha, between the appellant, who is a resident of village Bhankori, and Teka Yadav of village Ram Sarai. On May 11, 1977, a date fixed for hearing of the above proceeding, Teka Yadav accompanied by his village Pradhan Sish Raj Singh (PW 4), his co-villager Ashok Kumar (PW 1), his (PW 1 s) uncle Ram Pal (the deceased) and friend Veer Singh (PW 2) went to Amroha in a car, which belonged to and was driven by Ram Kumar, for pairvi in that case. On their way back from C