Judgment

BOSE J. : This is a simple case though it was argued at great length on behalf of the appellant and a number of technical objections to the validity of the trial taken.

2. The appellant Bhagwan Singh has been convicted of the murder of one Buggar Singh and sentenced to death. He has also been convicted under Section 19 (f) of the Indian Arms Act but we are not concerned with that here.

3. The prosecution story is that the appellant bore a grudge against the deceased because the deceased had fired at the appellant s brother some six or seven years before the present occurrence and was sent to jail for it. When he came out of jail the police thought it prudent to take proceedings against both sides under S. 107 of the Code of Criminal Procedure. This resulted in the appellant s two brothers and his cousins being bound down, as also the deceased. This it is said, constituted the motive for the present crime.

4. On the date of the occurrence, the 7th of September 1950, the prosecution state that the appellant was sitting at the shop of Jit Singh, P. W.2, when the deceased came there about 12-15 p. m. and borrowed Rs. 5 from Jit Singh who lent him the money and entered the transact