JUDGMENT

SHINGHAL, J. :— Appellant Akoijam Ranbir Singh was tried by the Sessions Judge of Manipur for the alleged murder of Ibohal Singh. He was given the benefit of doubt and was acquitted on November 2, 1967. The State preferred an appeal, and the Judicial Commissioner of Manipur took a contrary view. He convicted him of the offence under Section 302, I.P.C. and sentenced him to imprisonment for life. Akoijam Ranbir Singh has therefore filed the present appeal.

2. The allegation against the appellant was this. Sanajoba Singh (P. W. 2) and Dorendro Singh (P. W. 3) were going on Paona Road in Imphal bazar on December 13, 1966, in the evening, when they met their friend Raghumani Singh (P. W. 4) near Pratap Talkies. All three of them went to Eikhoigo Hotel for tea. Thereafter, when they were standing outside, on the road, near the verandah of Bharat Shoe House, opposite Pratap Talkies, towards the west of a pan stall, the appellant came there with a friend at about 6.30 p.m. and stopped near the pan stall. He beckoned Sanajoba Singh (P. W. 2) and when Sanajoba Singh went near him, he asked him why he was gazing at him. There was an exchange of hot words between them, and the appella