Judgment

FAZAL ALI, J. - In this appeal by special leave the appellant has been convicted under Section 302. Indian Penal Code and sentenced to imprisonment for life for having committed the murder of one Gurbachan Singh. According to the prosecution, the accused Hansa Singh had suspected the deceased Gurbachan Singh of committing sodomy on his son Haria, which furnished the motive for the murder of Gurbachan Singh The story of the prosecution is that on the 30th October, 1969 at about 6.00 p. m. when Gurbachan Singh was going to some village and he reached near the house of Gurjit Singh he was surrounded by the accused, some of whom caught hold of him and the appellant Hansa Singh is said to have assaulted him on various parts of the body with his kirpan. F.I.R. was lodged at about 9.00 p. m. at Police Station Mathana. being 7 miles from the village where the occurrence took place. The police visited the spot and after usual investigation, submitted charge-sheet against the accused. The defence was that as the deceased was committing sodomy on Haria, son of the appellant, in his presence, he was greatly annoyed at this act and having lost his power of self-control, he assaulted the