Judgment

SIKRI, CJI.: The respondent Mohammad Khursheed, was convicted by the learned Sessions Judge, Shahabad, under S. 302, I.P.C., and sentenced to death. The learned Sessions Judge made a reference for confirmation of the sentence of death and the respondent filed an appeal before the Patna High Court. The High Court altered the conviction of the respondent under S. 302 to one under Section 304 Part I, I.P.C., and altered the sentence of death to one of rigorous imprisonment for eight years. The State of Bihar having obtained special leave the appeal is now before us for disposal.

2. In order to appreciate the contention of the State it is necessary to state the relevant facts. Them were proceedings under S. 144 and then under S. 145, Cr. P. C., between the respondent and Mohd. Hafiz who died as a result of the blow inflicted by the respondent. About three months before the present occurrence, which occurred on August 3, 1965, at about 1.30 p.m., the proceeding under S. 145, Cr. P. C, was decided in favour of the deceased, Mohd. Hafiz. The respondent then filed a title suit in the Court of Munsif at Buxar and this suit was still pending at the time of the occurrence. Both the Hi