Judgment

N.P. SINGH, J.--- The appellant, who had been acquitted, by the trial court, for an offence under Section 302 of the Penal Code, has been convicted by the High Court for the said offence and sentenced to imprisonment for life, on an appeal filed on behalf of the State.

2. The prosecution case is that on May 7, 1977 at about 5.30 p.m. Sanat Kumar (PW 6) the informant, had gone to the Ambar Talkies, along with his brother, Sharad Kumar (deceased) for the evening show. Both the brothers took their cycles to the cycle stand for the appellant. PW 6 was asked to pay 40 paise as the charge for keeping the cycles in the stand. Sharad Kumar (deceased), the brother of PW 6, said that in other theatres only 15 paise per cycle was being charged as such why they were being asked to pay 20 paise per cycle. In order to avoid a quarrel, PW 6 said to his brother, Sharad Kumar, that they shall not keep the cycles at the said stand. They took out their cycles from the stand and placed them in charge of a hotel-keeper, just on the opposite side of the theatre. As they were going inside the cinema hall, the appellant called them and asked them as to why they had not kept the cycles at his stand