JUDGMENT

A. M. Ahmadi, J.- The appellant Munir Ahmed and 13 others were tried before the learned Sessions Judge, Churu (Rajasthan) for the murder of one Suduleh Khan and for causing injuries to P.W. 1 Saduleh Khan, son of Jasu Khan and P.W. 3 Yousuf Khan. The charge framed against the appellant was for commission of offences punishable under sections 148, 302 and 307/149, I.P.C. The learned Sessions Judge convicted the appellant under section 304, Part I, I.P.C. and sentenced him to suffer dgorous imprisonment for 10 years and to pay a fine of Rs, 1,000/-, in default to suffer rigorous imprisonment for one year. Seven of his companions were also convicted for causing hurt to the prosecution witnesses, but since their convictions are not challenged before us we need say no more about their participation. On appeal the High Court while maintaining the conviction of the appellant under section 304, Part I, I P.C., reduced the sentence to Rigorous Imprisonment for seven years and fine to Rs. 100/-, in default R.I. for one month The appellant Munir Ahmad was granted special leave by this Court's order dated 5th March, 1979.

2. The brief facts are that on the afternoon of 24th June, 197