Judgment

KHANNA, J.:- Samson Hyam Kemkar (35) was tried in the court of the learned Additional Sessions Judge Greater Bombay for an offence under Section 302, Indian Penal Code for causing the death of Lalta Prasad (30) and was acquitted. On appeal filed by the State of Maharashtra, the Bombay High Court reversed the judgment of acquittal and convicted. Samson under Section 302, Indian Penal Code and sentenced him to undergo imprisonment for life. Samson thereafter came up in appeal to this Court by special leave.

2. The prosecution case is that the accused was inimical to Lalta Prasad deceased. The accused used to do illicit liquor business and suspected that information regarding the said illicit business was conveyed to the police by Lalta Prasad deceased. On August 1, 1966, at about 12 noon, it is stated Lalta Prasad deceased was present near the pan shop of Rammurat Tewari in Gondivali in Greater Bombay, for purchasing a pan. Rammurat Tewari was standing close to his shop, while his ten-year-old son Umakant was sitting on the gaddi. Baijnath Baghelu P. W., who owns a hair-cutting saloon in the premises adjoining the pan shop of Rammurat was present on a wooden platform in front