( 1 ) THIS appeal by way of special leave is directed against the judgment of the Allahabad High Court whereby the judgment of acquittal of the Sessions Judge has been reversed and the accused-appellant has been convicted and sentenced to imprisonment for life etc. under Section 302 of the ipc.

( 2 ) THE facts of the prosecution story are as under: the appellant Sukhdeep Singh and the acquitted co-accused Raje were friends whereas Gurbachan Singh (PW-2) the first informant and Karam Singh were brothers. Balvendra Singh, brother of Sukhdeep Singh aforesaid, had some dispute with one Kashmir Singh against whom some Criminal and civil proceedings were also going on. As per the prosecution story about a month, before the incident the two accused had come to the house of Gurbachan Singh and had threatened Karam Singh to leave the company of kashmir Singh, failing which they would kill him. As this threat had no effect on Karam singh, the two accused arrived at his home at about 6. 00 a. m. on 5th June, 1980 and whereas Sukhdeep Singh was carrying a rifle belonging to Balvendra Singh, Raje was carrying a shotgun. It appears that a compromise was proposed even at that time and to ensure t