Judgement

CHANDRASEKHARA AIYAR, J. The appellant Santa Singh was convicted of the murder of Labh Singh & sentenced to death by the Additional Sessions Judge, Amritsar. The sentence was confirmed by the Punjab High Court. The appellant has come before this Court on Special leave.

2. The prosecution case is that the occurrence took place at about noon on the 10th day of September, 1954. That morning, there was a quarrel between the appellant and the deceased over the disappearance of the wife of one Buta Singh, as the deceased alleged that the appellant s grandfather was responsible for the abduction.

After this wrangle, the deceased and his brother Uttam Singh (P. W. 16) went to their fields. They returned at about noon and when they reached close to the Gurdwara, they decided to bathe at the well there. Mohinder Singh (P. W. 17) and Khem Singh (P. W. 18) were already bathing at the place. After the baths were over, all the four were proceeding to their houses.

The deceased was at some distance ahead of the rest. After a short while, the appellant met them and there was again an exchange of words between him and the deceased. The appellant, who had a rifle with him, shot at Labh Singh f