Judgment

SARKARIA, J.:- Nachhittar Singh, aged 40 years and his son Jagjit Singh, aged 21 years residents of Rurke Khurd were tried by the Additional Sessions Judge Barnala for the murder of their co-villager Dan Singh. Nachhittar Singh was convicted under S. 302, Penal Code and sentenced to death while Jagjit Singh was convicted under Section 302 read with S. 34, Penal Code and sentenced to imprisonment for life. On appeal, the High Court of Punjab and Haryana acquitted Jagjit Singh but upheld the conviction of Nachhittar Singh and confirmed the sentence of death inflicted on him.

2. Nachhittar Singh appeals after obtaining special leave, to this Court. The prosecution story was as under :

About four months before the occurrence in question the police arrested on the basis of secret information given by Dan Singh deceased, Isher Singh, the brother of the appellant for being in possession of illicit opium. For that reason, Nachhittar Singh was nursing a grudge against the deceased.

3. The deceased was being prosecuted in the Court of Judicial Magistrate at Barnala in respect of an offence under Section 307, Penal Code for causing gun-shot injuries to his brothers, Pritam Singh (P. W.