JUDGMENT

SARKARIA J.:—Bhagirath Singh aged 46 years, and 11 others of village Rahatpur were tried by the Additional Sessions Judge, Monghyr under Sections 302, 302 read with 149 and 148, Penal Code. They were acquitted. The State carried an appeal against that order of acquittal to the High Court of Patna. The High Court has reversed the acquittal of Bhagirath Singh only, and converted it into a conviction under Section 302, Penal Code, with a sentence of life imprisonment.

2. Hence this appeal by him.

3. The prosecution story so far as it can be gathered from somewhat discordant material on record, is that on June 17, 1965, a poll was being held in village Rahatpur for election to the office of Mukhia of Sadanand Gram Panchayat. Village Rahatpur was within the jurisdiction of that Panchayat. One of the polling booths was located in the estern-most room of the school building at Rahatpur. Vidyhapati Singh of village Rahatpur and Naval Kishore Singh of Village Sadanandpur were the rival candidates at the election. Ramakant deceased was a supporter of Navalkishore while the appellant was an election worker of Vidyapati Singh.

4. The polling started at 8.00 a. m. and closed at 4 p. m.