Judgement

KAPUR J. - The appellant along with one Qudrat ullah was tried for the murder of one Sabir. The latter was tried under S. 302 read with S. 114, penal Code, for abetment, and the former under S. 302, Penal Code. Both the accused were acquitted by the learned Sessions Judge of Bareilly. But the State took an appeal to the Allahabad High Court against the appellant only and the judgment of acquittal in his case was reversed and he was convicted under S. 302, Penal Code and sentenced to transportation for life . Against the Judgment of the High Court the appellant has brought this appeal by Special Leave.

2. The facts which have given rise to the appeal are Sabir was murdered on 11-5-1951 at about 6.30 p.m. The first information report was made by Qudrat Ullah the other accused at 6.45 p.m. the same day, i.e., within about 15 minutes of, the occurrence. The persecution case was that them was on exchange of abuses between the deceased and the appellant near the shop of the first informant, Qudrat Ullah. The cause of the quarrel was that on the evening of the occurrence while Qudrat Ullah was sitting on his shop and the deceased was sitting just below the shop, the appellant, c