Judgment

JUDGMENT - The appellant was tried for an offence of causing the murder of Sunder. The trail Court acquitted him of the charges under Ss. 302 and 307 of the I.P.C. and Section 27 of the Indian Arms Act, 1957 by giving the benefit of right of private defence. The State preferred an appeal and the High Court disagreed with the verdict of the Sessions Judge convicted the appellant under Section 302, I.P.C. and sentenced him to undergo imprisonment for life and one years R.I. under Section 27 of the Indian Arms Act.

2. It is a case where much of the prosecution case is not in dispute. The deceased is the brother of P.W. 25 (Ranjit Singh). The deceased and accused live in the vicinity. It is alleged that the deceased used to receive love letters from the sister of the accused and because of that there was hostility between the accused and the deceased. P.W. 24 is another brother of the deceased. On 1-7-76 at about 8.30 P.M. the sister of P.W. 24 sent him to take out Anil, son of P.W. 25, for a while. It is alleged that when P.W. 24 went to that place he found the appellant-accused quarreling with the deceased. Then P.W. 24 went to the house back and reported the matter to P.W. 25