Judgment

PALEKAR, J.:- The appellant Ram Lal has been convicted by the Delhi High Court for the murder of one Har Lal under Section 302-IPC and sentenced to imprisonment for life. Special leave is limited to the question of the applicability of Section 302-IPC.

2. Appellant Ram Lal along with three others, namely, Lekh Ram, Tek Chand and Mohar Singh were committed to the Court of Session on two separate charges. One charge was under Section 302r/w S. 34 IPC for the alleged murder of deceased Har Lal, and the other charge was under S. 325 r/w S. 34 IPC for voluntarily causing grievous hurt to one Budh Ram, One more charge was added in the court of Session so far as Ram Lal is concerned. The Additional Sessions Judge noticed that the lathi blow which proved to be fatal was given by Ram Lal and hence a substantive charge under S. 302-IPC was framed against the appellant.

3. After trial, Mohar Singh was acquitted. The appellant Ram Lal, Lekh Ram and Tek Chand were convicted under Section 302 r/w 34 IPC and sentenced to undergo life imprisonment for the murder of Har Lal. The appellant and Tek Chand were also convicted under Section 325 r/w Section 34 for the grievous injuries caused to Bu