Judgment

CHANDRACHUD, J.:- The learned Additional Sessions Judge, Greater Bombay, acquitted the appellant of a charge under Section 302 of the Penal Code for having committed the murder of one Arjun Daya on the evening of December 11, 1966. In an appeal filed by the State of Bombay the High Court, Bombay, set aside the order of acquittal and convicted the appellant of the offence of which he was charged. This court granted to the appellant special leave to appeal from the judgment of the High Court.

2. On the morning of December 11, 1966 a quarrel took place between the appellant and one Govind Sajan, the nephew of the deceased Arjun. Arjun intervened in that quarrel which was resented by the appellant.

3. At about 4-30 p.m. the same day Arjun Daya had gone to the fish market accompanied by a boy called Sunder. Arjun met the appellant in the market and that revived the memories of the morning incident. The two started abusing each other and during the quarrel the appellant is alleged to have picked up a Mogri (a wooden hammer normally used for cutting ice) and to have given a blow with it on the back of Arjun s head. As a result of that blow Arjun fell down.

4. The case of the prose