( 1 ) APPELLANT, who had been acquitted, by the Trial Court, for an offence u/s. 302 of the Penal Code, has been convicted by High Court and sentenced to Life Imprisonment.

( 2 ) THE prosecution case is that on 7. 5. 77 at about 5. 30 P. M. Sant Kumar (PW6) the informant, had gone to the Ambar Talkies, along with his brother, Sharad Kumar (deceased) for the evening show. Both the brother took their cycles to the cycle-stand of appellant. PW6 was asked to pay 40 paise as the charge for keeping the cycles in the stand. Sharad Kumar the brother of PW6, said that in other theatres only 15 paise per cycle was being charged as Such why they were being asked to pay 20 paise paise per cycle. In order to avoid a quarrel, PW6 said to his brother, Sharad Kumar, that they shall not keep the cycles of the said stand. They took out their cycles from the stand and placed them in charge of a hotel keeper, just on the opposite side of the theatre. As they were going inside the cinema hall, appellant called them and asked them as to why they had not kept the cycles at his stand, where-upon PW6, told the appellant that they did not want to have a quarrel with him. The appellant asked