Judgement

IMAM J.: This appeal by Nanak Chand comes by special leave against the judgment of the Punjub (1) High Court. The appellant was convicted by the High Court under S. 302, I. P. C. and the sentence of death passed on him by the Additional Sessions Judge of Jullundur was confirmed.

2. On the facts alleged by the prosecution there can be no doubt that Sadhu Ram was killed on 5-11-1953, at about 6-45 P.M. at the shop of Vas Dev P. W. 2. It is alleged that the appellant along with others assaulted Sadhu Ram. The appellant was armed with a takwa. Numerous injuries were found on the person of Sadhu Ram.

According to the doctor, who held the postmortem examination injuries 1, 3 & 4 were due to a heavy sharp edged weapon and could be caused by a takwa. It was denied by the prosecution that the deceased was assaulted by any other person with a takwa. According to the Medical evidence, injuries 1, 3 & 4 individually, as well as collectively, were enough to cause death in the ordinary course of nature.

3. In the Court of Sessions the appellant along with others was charged under S. 148 and S. 302, read with S. 149, I. P. C. The Additional Sessions Judge, however, held that the charge of