A.N.Grover, J.

(1) THE appellant, Gurdip Singh, was convicted under S. 302, Indian Penal Code, and sentenced to death by the Sessions Judge, Arnritsar, for the murder of his father Murta Singh. He appealed to the High court and a reference was also made for the confirmation of his death sentence under S. 374(4) of the Criminal Procedure Code. The appeal was dismissed by the High court and the sentence was confirmed. He has appealed to this court by special leave.

(2) THE case of the prosecution was that Murta Singh deceased had married Dalip Kaur. The appellant was born of that union and he had two other brothers. Dalip Kaur died and Murta Singh married her sister Basant Kaur. She gave birth to Sohan Singh. Sohan Singh and Basant Kaur were living with Murta Singh. Gurdip Singh and his brothers were living separately. It appears that Murta Singh had effected a partition of land about 10 to 12 years ago and had given 3 killas to each son for cultivation. These lands were irrigated from a common jhallar. On 20/03/1969, Sohan Singh was irrigating his fields from the jhallar in the morning. At about noon time the appellant came there and asked Sohan Singh to