Judgment

WANCHOO, J. : This is an appeal by special leave from the judgment of the Rajasthan High Court. It arises out of an incident in which Bhimsen was murdered on May 8, 1959 at Mandi Pili Bangan shortly before 3 p.m. The prosecution story briefly was that there was bad blood between Ramratan appellant and the members of the family of Bhimsen on account of panchayat elections in which they had supported rival candidates. Another cause or enmity was that some time before the occurrence, Ramratan appellant was prosecuted under S. 307 of the Indian Penal Code and Bhimsen was cited as a prosecution witness in that case and Ramratan did not like that.

2. Bhimsen and his father brought some gram for sale on the night between May 7/8, 1959, to Pili Bangan. Bhimsen returned to the village to bring more gram and came back at about 10/11 a.m. on the 8th on his tractor-trolly along with his brother Ram Partap. The gram was to be sold through Roopram and was stacked in front of his shop in the mandi. Ram Partap was apparently not interested in the sale and had wandered away leaving his father Jawanaram and his brother Bhimsen at the shop. Shortly before 8 p.m. while the gram was being weighe