Judgment

N. P. SINGH, J.:- The appellant was held guilty for having committed the murder of Gulshan Rai, by the Trial Court. He was sentenced to undergo imprisonment for life under S. 302 of the Penal Code. The appeal filed on behalf of the appellant was dismissed by the High Court. This appeal has been entertained on leave being granted by this Court.

2. It is the case of the prosecution that the appellant on 10-9-1974 took three rooms which were situated in the rear of the house bearing No. 30 on rent from Shri Lal (PW 19), the owner of the house, for storing garments in connection with the readymade garment export business. Later the appellant approached PW 19 for other two rooms, which were then in occupation of tenant Kamla Parshad (PW 1). These two rooms were on the front side of the house. It is said that possession of those two rooms were given to the appellant on 13-10-1974 after Kamla Parshad (PW 1) vacated them. It is further the case of the prosecution that the next day i.e. 14-10-1974, the appellant came to PW 19 in the evening and sought his permission for digging the earth in the compound for plantation. For that purpose, the appellant is alleged to have engaged Gopal