JUDGMENT :

Shah, J.

1. The appellant Nirbhay Singh was tried before the Court of Session, Ujjain, for causing the death of Bhagwanti - his mother - by inflicting injuries to her with a spear. The Sessions Judge convicted the appellant of the offence of culpable homicide not amounting to murder, and sentenced him to suffer rigorous imprisonment for seven years. An appeal preferred by the appellant from jail was summarily dismissed by the High Court of Madhya Pradesh on March 16, 1965. Thereafter the State of Madhya Pradesh preferred an appeal on March 31, 1965, against the order acquitting the appellant of the offence of murder. The High Court issued notice to the appellant and after hearing counsel for the State and the appellant set aside the order of acquittal and convicted the appellant of the offence of murder, and in substitution of the order of sentence imposed by the Court of Session sentenced him to suffer imprisonment for life. The appellant has appealed to this court with special leave.

2. Counsel for the appellant urged that the judgment of the High Court dated March 16, 1965, dismissing the appellant's appeal from the order of conviction under Section 304 Part II of the I