Judgment

DUTT, J.:- This appeal by special leave is directed against the judgment of the High Court affirming the order of the learned Sessions Judge, Jind, whereby the appellant, Rakesh Kumar, and three other persons were convicted under S. 302 read with S. 34, IPC on the charge of murdering one Ved Prakash.

2. The deceased Ved Prakash was the younger Brother of P.W. 3, Bhagat Singh, a Registered Medical Practitioner. Ved Prakash used to work in the clinic of his elder brother, P.W. 3. In the evening of August 26, 1981 both P.W. 3 and the deceased were present in the clinic. The appellant and the other two accused, who were under the influence of liquor came to the clinic. They were all drunk. They told the deceased that he should serve them with liquor, and that if he did not do so, it would be difficult for him to live at Jind. On hearing this, the deceased gave a slap on the face of the accused Dharam Vir and, thereafter, all the three accused went away saying that the deceased would have to bear the consequence.

3. The further case of the prosecution was that on August 27, 1981, P.W. 3 Bhagat Singh, went to see a movie in Kundan cinema hall in the night show. His cousin brother,