Judgement

BHAGWATI J.: This is an appeal by special leave against the judgment of the High Court of PEPSU confirming the conviction of the Appellant under S. 302, Penal Code and the sentence of transportation for life passed upon him by the Court of Sessions Judge, Bhatinda.

2. The deceased Bachittar Singh it appears had made overtures to the sister-in-law of the Appellant and the Appellant had asked his cousin Sunder Singh to warn the deceased not to do so in the future. Sunder Singh was not on speaking terms with the deceased and he had replied that he would not do so. Three or four days after this event the marriage of the daughter of one Kartar Singh was being celebrated in the village and the marriage party was sitting in the bethak of Hakim Dewan Chand. The marriage party was broadcasting recorded music and Sunder Sigh was sitting on the platform hearing the music. One Pearey Singh came along there from his outer house with a bucket containing milk and was proceeding towards his residential house.

The deceased, who came there from the side of his house met Pearey Singh in front of the house of the Appellant. Pearey Singh engaged the deceased in some talk and at that time the App