JUDGMENT

D. A. Desai, J. - Special leave granted limited to the question of nature of offence and sentence.

2. Appellant has been convicted for an offence under section 302 and under section 324 of the Indian Penal Code, and has been sentenced to suffer imprisonment for life and imprisonment for one year respectively. Substantive sentences have been directed to run concurrently.

3. On March 30, 1981 around 1.45 P.M. deceased Narinder Singh accompanied by Ramesh Kumar was proceeding towards Nandan Cinema. When they were passing in front of the house of the appellant-accused Jaglar Singh, deceased Narinder Singh was injured by the projecting parnala of the house of the appellant. Deceased Narinder Singh protested to the accused and asked him to raise the height of the parnala. There was exchange of abuses, in this background, appellant and Joginder Singh caught hold of Narinder Singh and on being instigated by Joginder Singh, the appellant Jagtar Singh gave one blow with knife which landed on the chest of deceased Narinder Singh. After some time Narinder Singh succumbed to his injury. The appellant has also caused injury to the companion of deceased Narinder Singh.

4. The learned Ses