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. It appears - at any rate that was the prosecution case that the police did dot take any action on this report and directed Bakhsish Singh to seek his remedy in a Court of law. The appellant and his party accordingly decided to take revenge against Harnek Singh. On the same evening. Harnek Singh with his two drivers Pritam Singh (P. W. 10) and Swaran Singh (P, W, 11.) left Hapur for U.P.Delhi border in truck No. USN 2526 in the hope of finding some goods for transport on hire. It was not clear from the evidence of the prosecution witnesses as to whether Sajjan Singh (P. W, 13) and Mehar Singh accompanied Harnek Singh in truck No. USN 2526 or they went to U. P.-Delhi border in their own truck and met Harnek Singh. Pritam Singh (P. W, 10) and Swaran Singh (P. W. 11) at the border. But it was indisputably the prosecution cases that from the U. P.Delhi border Harnek Sigh. Pritam Singh (P. W, 101, Swaran Singh (P. W, 11). Sajjan Singh, (P. W. 13) and Mehar Singh proceeded together to Delhi in truck No. USN 2526 since they did not find any goods for transport on hire there. When the party reached the junction of Wazirabad Road and Karwal Nagar Road at about 10 p. m. Harnek Singh stopped the truck as he wanted to answer the call of nature. Harnek Singh got down from the truck and, proceeded to a spot at a lower level than the road by the side of a culvert in order to ease himself. In the meantime another truck with its number plate covered with mud came from the direction of the Delhi-U. P. border and halted on the left side of the truck of Harnek Singh. The appellant and his brother Karam Singh alighted from that truck and inquired of Pritam Singh and others as to where Harnek Singh was. They stated that Hanek Singh had gone for easing himself. Whilst this conversation was going on. Harnek Singh came up on the road tying the string of his kachha. On seeing Harnek Singh the appellant and his brother Karam Singh shouted that they had come to take revenge and he should prepare himself for death. The appellant then fired a shot at the left thigh of Harnek Singh from a country-made pistol of 12 calibre. Harnek Singh fell down on the road on receiving the injury and immediately the appellant and his brother Karam Singh boarded their truck and drove in the direction of Delhi. Pritam Singh (P. W. 10) Swaran Singh (P. W. 11) Sajjan Singh (P. W. 13) and Mehar Singh wrapped the turban of Harnek Singh round the wound which had been caused by the bullet and placing him in the truck brought him to the Irwin Hospital. New Delhi. Sajjan Singh (P. W. 13) and Mehar Singh got Harnek Singh admitted in the casualty ward of the hospital and gave information about the incident to Bishambhar Dayal (P. W. 9) who was the police constable on duty at the hospital. Bishambhar Dayal (P