JUDGMENT

Nanavati. J.-The appellant and one Teja Singh were convicted by the Court of Sessions Judge, Ambala in Sessions Case No. 10 of 1981/Sessions Trial No. 27 of 1981. Their conviction was confirmed by the High Court. Teja Singh and Harpal Singh challenged their conviction by filing separate appeals in this Court. Criminal Appeal No. 576 of 1982 filed by Teja Singh abated as a result of his death and, therefore, we are now concerned only with Criminal Appeal No. 71/83 filed by Harpal Singh.

2. The case of the prosecution was that Teja Singh had borrowed Rs. 500/- from one Balbir Singh two months before the date of the occurrence. As Teja Singh was not returning the said amount, Balbir Singh, along with Gulab Singh and Gurdev Singh, went to Teja Singh s house for getting back the said amount. They had gone to the house of Teja Singh on 22.11.1980 at about 10 p.m. From near the gate of his house they shouted for Teja Singh. Teja Singh came out of his house armed with a DBBL .12 bore gun along with Harpal Singh. Balbir Singh demanded return of the amount and insisted that it should be paid on that day itself. The demand led to an exchange of words followed by grappling betwee