K.S.HEGDE, J.

(1) THIS appeal was brought on the basis of the special leave granted by this court on 30/04/1969; but the leave was limited to the question as to whether the High court was justified indismissing the appeal summarily.

(2) THE appellant and three others were tried for various offences includ- ing an offence under Section 302, Indian penal code by the learned additional Sessions Judge at Jalgaon. The appellant was convicted under Section 302 as well as under Section 307, 1. P. C. For the former offence, he was sentenced to suffer imprisonment for life and for the latter, 7 years rigorous imprisonment. The two sentences were ordered to run concurrently. The appellant appeal- ed to the High court of Bombay against his convictions. His appeal was summarily dismissed.

(3) THE question for our consideration is whether the High court was justified on the facts of this case in summarily dismissing the appeal.

(4) THE prosecution case is that the offence in question took place at a fair and in the presence of a large number of persons, but in support of the prosecution case only two occurrence witnesses were examined, namely, Ramchand