R.S.SARKARIA. J.

(1) THIS appeal is directed against an appellate judgment of the High court of Punjab and Haryana whereby the acquittal of Jit Singh, appellant herein, was reversed and converted into conviction for an offence under S. 302, Penal Code, with a sentence of imprison ment for life. The facts of the case, as they emerge from the record. are these.

(2) THE deceased is one Hari Singh of village Ramunwala. On 6/02/1968, his house was searched by the police for seizure of excisable articles but nothing incriminating was found. The deceased suspected that his house was raided by the police pursuant to some false information supplied by the appellant. On 9/02/1968, there was a sharp quarrel and exchange of abuse between the appellant and the deceased in the presence of Gurnam Singh (Public Witness 6). The deceased was protesting and demanding an explanation from the appellant for causing the police raid on his house. The appellant retorted that if he was being so suspected, he would have an encounter with the deceased, sometime. Gurnam Singh separated and pacified them.

(3) ON 10/02/1968, about half an hour before sunset, Baldev Singh (Publ