Judgment

SEN, J.:- The short point involved in this appeal is whether the appellant is guilty of culpable homicide amounting to murder punishable under Section 302, Indian Penal Code. or only of culpable homicide not amounting to murder punishable under S. 304. Part II Indian Penal Code (hereinafter called the Code). It is not disputed that the appellant. Jagrup Singh. struck a blow with the blunt side of a gandhala on the head of the deceased. Chanan Singh. who was his uncle, resulting in his death. It appears that after the death of Joginder Singh the deceased Chanan Singh was looking after the family of his brother Joginder Singh consisting of his widow Mst. Dalip Kaur and her children. He had settled the betrothal and marriage of Mst. Dalip Kaurs daughter. Tej Kaur. The prosecution case is that the appellant Jagrup Singh and his brothers Billaur Singh, Jarmail Singh, and Waryam Singh, co-accused, although they were collaterals of Joginder Singh, were not invited by Mst. Dalip Kaur to the marriage of her daughter Tej Kaur, at the instance of the deceased Chanan Singh. On account of this there was ill-feeling between the parties.

2. On the fateful evening. i. e. on 20-3-1978. at 5.