Judgment

THAKKAR, J. :- Whether the offence committed by the appellant, a Constable of Haryana Police Force who fired his rifle at another Constable, Kaptan Singh of the same Force, as a result of which Kaptan Singh succumbed to the injuries sustained by him on the spot would fall under Section 302 of the Indian Penal Code or would constitute a lesser offence is the limited question which is posed in this appeal by special leave.

2. The learned Sessions Judge at Rohtak convicted the appellant for an offence under Section 302 of the Indian Penal Code in connection with the on the spot death of Constable Kaptan Singh on September 23, 1979 at about 8.30 P.M. by gun shot injuries inflicted by the appellant. By his judgment and order dated June 14, 1980 the learned Sessions Judge convicted the appellant and sentenced him to suffer imprisonment for life. The High Court of Punjab and Haryana confirmed the order of conviction and sentence rendered by the learned Sessions Judge and dismissed the appeal preferred by the appellant on April 30, 1980.

3. This Court granted special leave "confined to the question of nature of offence and sentence" by an order passed on January 18, 1982.

4. The only