Judgment

S.NATARAJAN, J.

(1) THE appellant Surinder Singh who has preferred this appeal by special leave has been convicted under S. 302 Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 3,000.00 and to undergo three years RI in default of payment of fine. He has also been convicted under Sections 25 and 27 of the Arms Act and sentenced to undergo Rl for 6 months on each count, the sentences to run concurrently with the sentence of imprison- ment for life.

(2) THE appellant has been awarded conviction for the offences mentioned above in the following circumstances. At about 9 or 10 p.m. on 8/05/1975 the appellant and deceased Manjit Singh, who were both aged about 18 years had a quarrel while taking curd and while in a drunken mood near the shop of one Mohinder Pal in Kharasanwali Gali, Amritsar. Public Witness 2 Ramesh Chand and PW 3 Subhash Chander intervened and pacified them and sent them away. While the appellant went away to his house Manjit Singh went to the new market and lay down on a bench. Some hours later i.e. at about 3 or 4 a.m. on 9/05/1975 Public Witness 2 was awakended by the appellant and enquired as to where Manjit Sin