Judgment

BHARGAVA, J. - This is an appeal by special leave by one Munney khan who has been convicted for the offence of murder punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. In this case, it is not necessary to describe in detail the two versions which were put forward by the prosecution and the defence in the Court of Session. It is sufficient to give the findings of fact recorded by the Sessions Judge, who tried the case, which have been affirmed by the High Court of Madhya. Pradesh.

2. In Berkhedi, the residents, in accordance with their usual practice, gathered to celebrate "Durga Utsav" on 1 st October, 1965 near Kabir Mandir and, in that connection, a drama of "Amarsingh" was to be staged at about 10 or 10.30 p. m. Reotisingh deceased was one of the volunteers who was posted on duty in connection with the arrangement close to the sitting place reserved for the ladies in order to check men from entering that area. At about 10.30 p. m. the appellant and his brother Zulfiquar came and wanted to pass through the ladies corner, but were prevented by Reotisingh who asked them to go via a lane, though that was a longer ro