Judgment

K. JAYACHANDRA REDDY, J.

(1) THE appellant, the sole accused in this case, has been convicted under S. 302 Indian Penal Code and sentenced to imprisonment for life by the High court of Delhi for causing the murder of one Champat Rai, the deceased in the case.

(2) THE prosecution case mainly rests on the evidence of Public Witness 2, the sole eye-witness. Learned counsel for the appellant contended that the uncorroborated testimony of Public Witness 2 is not wholly reliable and therefore the conviction cannot be sustained. However, we may at this stage point out that the main submission has been that even if the prosecution case is to be accepted, an offence of murder is not made out as the accused was entitled to the right of private defence. Even otherwise, according to the learned counsel, having regard to the fact that as the appellant is alleged to have inflicted only a single injury which proved fatal, the offence committed would be one amounting to culpable homicide. To appreciate these submissions in a proper perspective, we think it necessary to state the facts of the case.

(3) THE deceased was married to Agya Devi examined as Pub