Judgment

KHANNA, J.- Gudar Dusadh appellant was tried along with 23 others in the Court of Additional Sessions Judge Saran. Eighteen of the accused were acquitted by the trial court. The appellant was convicted under Sections 302 and 147 Indian Penal Code and was sentenced to undergo imprisonment for life on the former count. No separate sentence was awarded to the appellant for the offence under Section 147 Indian Penal Code. The remaining five accused were convicted under Section 323 read with Section 142 Indian Penal Code as well as for other minor offences with which we are not concerned. On appeal the Patna High Court maintained the conviction and sentence of the appellant, while some modification was made as regards the sentence awarded to the other five convicted accused. The appellant thereupon came up in appeal to this Court by special leave. The leave was, however, confined only to the question whether the offence committed by the appellant was murder or culpable homicide not amounting to murder.

2. The case relates to an occurrence which took place in village Khahla in district Saran at about 11 a.m. on August 14, 1965. Ramlal Bhagat, who was aged about 65 years, died as a