Judgment

SHINGHAL, J. :- This appeal by the State of Punjab is directed against the judgment of the Punjab and Haryana High Court dated October 29, 1973, by which respondent Ramji Dass has been acquitted of the offence under Section 302, I. P. C. and the reference for confirmation of the sentence of death has been rejected.

2. The prosecution alleged that there was a jagrata in Arya Samaj Chowk, Ferozpur city, on August 5, 1972. There was therefore a large gathering there. The whole of the pandal was properly lighted, and there was a raised platform in the center, for the signing parties and the organisers. The deceased Balbir Singh was present in the jagrata and was working as a volunteer to prevent persons from going to the platform. His brother Gurbachan Singh (P. W. 5). his mothers sisters husband Harnam Singh (P. W. 2), and Bahadur Singh (P. W. 3) were also present there. Respondent Ramji Dass came there at about 10 p. m. and wanted to push his way to the platform. He was stopped by the deceased Balbir Singh. That led to an exchange of abuses between them, when suddenly respondent Ramji Dass whipped out dagger Ex. P. 1 from the dab of his pyjama and thrusted it in Balbir Singhs