Judgment

GROVER, J.:- This is an appeal by Special Leave from the Judgment of the Punjab & Haryana High Court.

2. Chahat Khan, Bhup Singh, Harun and Mohar all of whom belong to Kheri Nuh, were tried under Section 302 read with Section 34 of the Indian Penal Code by the Additional Sessions Judge Gurgaon for the murder of Ahmad Khan on the morning of 4th July 1968. The learned Additional Sessions Judge found that the prosecution case had been established and that these persons were guilty of the offences with which they had been charged. They were sentenced to imprisonment for life and a fine of Rs. 200/-, and in default of payment of fine they were directed to undergo further imprisonment for six months. The present appeals has been brought by Chahat Khan alone.

3. According to the case of the prosecution on the morning of 4th July 1968 Ahmad Khan was seen returning to his house after easing himself when Chahat Khan and his companions attacked him with lathis. Chahat Khan shouted that Ahmad Khan should be taught a lesson for hitting him with a lathi some years ago. Chahat Khan gave a blow on the head of the deceased with this lathi. Bhup Singh hit Ahmad Khan with a lathi on the left "K