Judgement

SIKRI, J :- This appeal by special leave was limited to the question whether the case comes under Section 302 of the Indian Penal Code. The case of the prosecution which has been accepted by the learned Sessions Judge and the High Court was, in brief, as follows:

2. On January 31, 1962, at about 2.30 P.M a fight took place between Dalip Kumar P. W. 12 and Harjinder Singh, appellant, near the water tap in front of a tin factory in Zamirwali lane, Delhi. Harjinder was apparently worsted in the fight and he then left the place holding out a threat that he would teach a lesson to Dalip Kumar. The appellant returned with his brother Amarjit Singh to the house of Dalip Kumar and shouted to Dalip Kumar to come out Mst. Tejibai opened the door of the house and asked the appellant and Amarjit Singh to go away, hut either these two or the appellant pulled Dalip Kumar out of the house into the lane and gave him beating near a lamp-post in the corner of Zamirwali lane. At that time the deceased Kewal Kumar who was the brother of Dalip Kumar, came and tried to intervene and rescue his brother. It is at this stage that the evidence is conflicting as to what exactly happened. According to