JUDGMENT

FATHIMA BEEVI, J.:- The apppeal under S. 2(a) of the SC - (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, is directed against the judgment and order dated 5-10-1976 of the High Court of Judicature, Lucknow Bench, Lucknow, in Criminal Appeal No. 554 of 1972. By the impugned judgment, the High Court set aside the order of acquittal and convicted the appellant under S. 302, IPC and sentenced him to undergo imprisonment for life.

2. The brief facts of the case are as under :-

The police guard consisting of 5 constables, Mr. Suraj Man, Mr. Badari Singh, Mohd. Razi, Mr. Ram Kumar and Mr. Piarey Lal, were posted to guard the bridge. They lived in a tent close to that bridge. Each member had been supplied with a 303 rifle and 50 cartridges. The constables remained on sentry duty on the bridge for two hours each by rotation.

3. Ram Kumar, the appellant, is Kahar by caste. Badari Singh, the deceased, belonging to the upper class used to taunt the accused and say that ever since the low caste people were admitted that the force had become dirty. The accused resented this.

4. On 13th March, 1971, Ram Kumar was on sentry duty between 4.00 p.m. to 6.00 p.m. Mohammed Razi was to r