Judgment

BHAGWATI, J.:- The appellant and four other accused were tried for an offence under S. 302 read with Section 149 for causing the death of one Satnam Singh and for offences under Sections 323, 324 and 148, Indian Penal Code for causing injuries to Satnam Singh and Gurnam Singh. The Sessions Court acquitted the four accused but convicted the appellant of the offence under S. 304 Part I of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for ten years. The appellant preferred an appeal to the High Court of Punjab against the order of conviction and sentence recorded against him. The State also preferred an appeal against the acquittal of all the accused including the appellant under Sec. 302 read with Section 34 Indian Penal Code. The High Court confirmed the acquittal of the four other accused, but so far as the appellant was concerned, the High Court converted his conviction from S. 304 Part I to Section 302 and sentenced him to suffer rigorous imprisonment for life. The appellant thereupon preferred the present appeal by special leave obtained from this Court.

2. There were only two eye-witnesses to the incident in which Satnam Singh met with his deat