JUDGMENT

K. JAYACHANDRA REDDY, J.:- The sole accused in this case is the appellant. He was tried for an offence punishable under S. 302, I. P. C. but acquitted by the trial Court. The State preferred an appeal to the High Court and a Division Bench relying on the evidence of the eye-witnesses reversed the order of acquittal and convicted him under Section 302, I.P.C. and sentenced him to undergo imprisonment for life. This appeal is preferred under Section 379, Cr. P.C. read with Section 2 of the SC (Enlargement of Criminal Jurisdiction) Act. The prosecution case is as follows:

2. The accused, the deceased an(l the material witnesses belong to Delhi. One Nand Kishore P.W. 18 is the elder brother of deceased Ved Prakash. They were living in a house in Hudson Lines, Kingsway Camp, Delhi and in portion of the said house, P.W. 18 was running a kirana shop. The accused used to stand by that shop and used to tease the girls passing from there by making undesirable remarks The deceased used to check the accused from doing so. On 14-3-72 in the evening the accused passed undesirable remarks against the girls passing near the shop of P.W. 18. The deceased checked him but the accused did not d