Judgment

BHAGWATI, J. :- The, appellant was convicted by the Additional Sessions Judge, Delhi of the offence of murder of one Harnek Singh under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life. The appellant appealed against the order of conviction and sentence but the, High Court of Delhi affirmed the judgment of the learned Additional Sessions Judge and rejected the, appeal. This appeal is brought by special leave against the judgment of the High Court .

2. The genesis of the incident in which Harnek Singh met with his death, in according to the prosecution, lay in the rivalry between two groups of smugglers one consisting of Banta Singh. Harnek Singh and others and the other consisting of the appellant, his brothers Karam Singh and Bakhsish Singh and their supporters. There were occasional quarrels between the two groups on account of this rivalry and one such quarrel took place at Hapur at about 3 p.m. on 3rd April, 1968. The appellant sustained injuries in this quarrel and the fingers of his left hand were fractured. Bakhsish Singh, the brother of the appellant, lodged a report in regard to this incident Ex. P/D at the Police Station at Hapur.