K.Sahai, J.

1. The Sessions Judge of Shahabad at Arrah has convicted the appellant under Sec.302 of the Penal Code, and has sentenced him to undergo imprisonment for life.

2. In mahalla Abarpur of Arrah Town, there is a culvert called Abarpool across the road which comes from Arrah to Patna. Abid Raza (P.W. 2) has a cycle repair shop at a short distance to the east of the culvert and on the southern side of the road. Deceased Muhammad Ismail of mahalla Kazi Tola of the same town was a partner of Abid Raza in in the shop. There are other shops on both sides of the road near about that shop.

3. The prosecution case is that, on 29-5-1955, at about 2-30 P.M., Ismail was coming on the road from the east towards his shop, and he had a mirror in his hand. The suns ray was reflected from the mirror to the face of the appellant, a resident of the same town, who was proceeding on the road from the west to the east. The appellant protested, and a quarrel developed between mm and Ismail. They grappled with each other and began to scuffle. Some persons intervened and succeeded in separating them.

Ismail then began walking towards his shop. When he had gone only a few steps, the appellan