JUDGMENT

 The appellant was charged for the offence of murder of Sudhir on March 19, 1973 at 2 noon. The Trial Court acquitted him of the charge, but on appeal the High Court reversed the acquittal and convicted him under Section 302, I.P.C. and sentenced him to imprisonment for life. Thus this appeal under Section 2 of the SC Enlargement of Criminal Jurisdiction Act, 1972.

2. The facts in brief are that on March 19, 1973 being the Holiday, the appellant and one Rajan Mani went to the shop of the deceased bearing No. 1259/A/B situated at Balbir Nagar, Shahdara, New Delhi and requested him to close the tea shop which he was vending and asked him to take part in playing Holi. Thereon the deceased refused to accede to their request. Thereafter, in a huff the appellant and Rajan Mani went away with a dire threat to the deceased and his father, Ved Prakash, P.W. 1, who remonstrated against the threat. One hour thereafter the appellant came holding a Gupti (sharp edged weapon) in his right hand to the shop by which time the deceased was closing the shop. Rajan Mani took the deceased in his arms and held him back. The appellant inflicted a fatal blow near the neck and also gave other minor