JUDGMENT

G.N. Ray. J. - This appeal is directed against the judgment dated September 28, 1979 by the Division Bench of Delhi High Court in Criminal Appeal No. 113 of 1979 and Murder Reference No. 2 of 1979 by which death sentence awarded against the appellant under Section 302, I.P.C. by the Additional Sessions Judge, Delhi in S.C. No. 32 of 1977 was commuted to life imprisonment and Criminal Appeal No. 113 of 1979 preferred by the appellant against his conviction and sentence u/s 302, I.P.C. and also conviction under Section 326/34 and 324/34 and 452/34, I.P.C. in the said Sessions case was dismissed subject to aforesaid modification of the capital sentence but maintaining the convictions and sentence on other counts.

2. The prosecution case in short is that the appellant Zaffar Mohd and the co-accused Mohd. Ismail came to the shop of Dewan Singh, and father of the deceased Navraj alias Rajan on 30.7.1977 at about 8.30 P.M. and both of them purchased half a kilo of 'Ghewer' (sweet) and ate the same. The price of Ghewer was Rs. 4.50 but they offered to pay Rs. 4.00. The deceased told them that the price of Ghewar being Rs. 4.50 they had demanded the said price. Then both the accuse