Judgment

JUDGMENT :- This is an appeal under the provisions of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 read with S.379 of the Criminal Procedure Code, 1973. The sole appellant was tried by the Sessions Judge, Kottayam for an offence punishable under S. 302, IPC. The learned Sessions Judge convicted him under S. 326, IPC and sentenced him to undergo Rigorous Imprisonment for two years. The State filed an appeal against the acquittal. The accused also preferred an appeal to the High Court against the conviction under S. 326, IPC and sentence of rigorous imprisonment for two years. The High Court held that an offence punishable under S. 302, IPC is clearly made out and accordingly set aside the order of Sessions Court and convicted him for the offence of murder and sentenced him to undergo imprisonment for life thereby allowing the appeal by the State and dismissing the appeal by the accused. Hence the present appeal.

2. The prosecution case is that the accused was having a bunk shop at Peringalam in the Village Poonjar opposite to a toddy shop. There was another small place nearby which was used as a gambling house by the accused. The residents of the locality