JUDGMENT

AHMADI, J. :— The appellant Mahendra Singh son of Sohan Singh has filed this appeal by special leave challenging his conviction under S. 302/34 of the Indian Penal Code. The facts are that on 20th June, 1973 PW-1 Mohan Singh and deceased Harbans Singh were requested by the appellant while they were on the way to Prem Pura to attend the betrothal ceremony of the sons of Banta Singh and the appellant. Acceding to this request PW-1 Mohan Singh and deceased Harbans Singh went to the House of Banta Singh and the appellant in village Nav Ghat Ki Tapari. After attending the betrothal ceremony, they expressed a desire to leave but they were pursuaded to stay on for dinner. After the guests had completed the meals, dinner was served to PW-1 and Harbans Singh between 8 and 9 p.m. At that time Bua Singh was also having his meals. When the aforesaid two persons were served meals, Bua Singh came and sat by their side and began to partake of food from the Thali of PW-1. Presumably because Bua Singh was of lower caste, PW-1 resented his behaviour and asked Bua Singh to eat from his own Thali. On Bua Singh persisting in eating from the Thali of PW-1 and Harbans Singh, the latter two got u