( 1 ) THE accused-appellant Mannalal Khatic stood a trial, charged with two counts of distinct offence, viz. under Section 302 of the Indian Penal Code, for having committed murder of Gulab, and under Section 324 of the Indian Penal Code for having caused hurt to Dayaram with a sharp-cutting weapon, at tie Third Criminal Sessions of 1963 in me Original Criminal Jurisdiction of the Calcutta High Court before the Hon'ble Mr. Justice T. P. Mukherjee and a Special Jury. Of the nine jurors, six found Mannalal Khatic, the accused-appellant guilty on the charge under Section 302 of the Indian Penal Code for murdering Gulab and seven founds Mannalal Khatic, the accused-appellant guilty for having caused hurt to Dayaram with a sharp-cutting weapon. The learned Judge agreeing with and accepting the majority verdict of the Jury on both the charges against the accused-appellant Mannalal Khatic, convicted and sentenced him under Section 302 of the Indian Penal Code to suffer rigorous imprisonment for life and under Section 324 of the Indian Penal Code rigorous imprisonment for three years respectively, the latter sentence to run concurrency with the former one.

( 2 ) THE accused-appellant preferred this appeal against the conviction and sentence on both the charges before the Criminal Appellate Jurisdiction of this Court under Section 411-A of the Code of Criminal Procedure, and on an application made in that behalf had also obtained leave to appeal under Clauses 'b' and 'c' of Sub-section (1) of Section 411-A of the Code of Criminal Procedure, on 27th November, 1963.

( 3 ) THE prosecution case as presented before the Court appearing from the charge of the learned Judge to the Jury is as follows:--

( 4 ) TULSHIRAM Mali or Khatic (P. W. 16) lives at Presidency Town of Calcutta, 34, Sibtala Street near Tarasundari Park, P. S. Barabazar. The marriage of his daughter, Taradevi, was arranged with one Mahadeo Khatik (P. W. 18), brother of Ganesh Khatik of Howrah and the marriage was to take place on the night of 17th May, 1962. On that day, between 10-30 and 11 O'clock of the night, the bridegroom party came in a procession from Howrah Town to Sibtala Lane within the jurisdiction of this Court, The bridegroom himself was in the procession sitting in a coach drawn by four horses. Inside the coach certain ornaments, meant for file bride were kept in a box by his side. Five friends of the family of the bridegroom came as the bridegrooms escorts. Near about 11 P. M. the procession came near Tarasundari Park, accompanied by a Band Party and Gaslight bearers walking in a line. The procession was a licensed one and two constables and a Head--Constable accompanied it from Howrah to Tarasundari Park. Sibtala Street is a narrow lane, according to the prosecution, and the procession as a whole could hardly enter into the said lane. So, the procession dispersed near Tarasundari Park and the coach carrying the bridegroom entered inside the lane. While the coach carrying the bridegroom was approaching the house of Tulsiram Khatik (P. W. 16) the accused Mannalal forcibly tried to get into the coach. He was resisted but he could not be desisted from his attempt at boarding the coach. One Chunilal Gupta (P. W. 20), one of the five escorts coming with the bridegroom party's procession gave a slap to the accused-appellant Mannalal Khatik. The accused-appellant thereupon used abusive language and left the place threatening with dire consequences. Thereafter, Lachmi Prosad (P. W. 21) of the bridegrooms party took their dinner at the bride's father's house, i. e. Tulshiram's house and came out to Kalikrishna Tagore Street near Tarasundari Park. When they ware talking standing at a spot beyond the eastern periphery of Tarasundari Park the accused Mannalal came out from the southern side of the park and proceeded towards Chunilal, Ramnarayan and Lachmi Prosad. The accused then came close to them and began to abuse them. They attempted to catch hold of the