Judgment

MAHAJAN, J.: The appeal which comes by special leave obtained by the appellant Sadhu Singh, is from a decision of a Division Bench of the High Court of Patiala dated 2-6-1952 by which the sentence of transportation for life passed against him or the murder of one Harbachan Singh was affirmed.

2. The facts are, that on 29-10-1949 Harbachan Singh deceased, went to village Bihla because he intended to borrow a camel from Nand Singh, P. W. 4. P. Ws. Chand Singh and Amar Singh accompanied him to Bihla and the party reached there between 7 and 8 P.M. On arrival at Nand Singh s house it was found that he had gone to the house of Sadhu Singh. Nand Singh s son was asked to go to Sadhu Singh s house and call Nand Singh from there. Nand Singh s son returned with a message from his father inviting the party to Sadhu Singh s house. Accordingly they all went there and found Nand Singh in the midst of a liquor party. The appellant s father Harnam Singh was also there. It is said that on the arrival of Harbachan Singh who was a Mahant, Sadhu Singh got up and received him respectfully and felt honoured by his visit to his house. The Mahant and his two companions, Chand Singh and Amar Singh w