( 1 ) MOHD. Rafi alias. Mohd. Rafiq was tried by an Additional Sessions Judge on the charge that he had on November 17, 1972 at Katra or Gali Marwari, Qasabpura, near Sadar Bazar, Delhi, had committed murder intentionally and knowingly by causing the death of Badru-din. The trial Judge found him guilty of the offence of murder and on December 1, 1973 sentenced him to death under section 302 of the Indian Penal Code. Against his conviction and sentence Mohd Raft has filed an appeal while the learned Additional Sessions Judge has made a reference, under provisions of section 374 of the Code of Criminal Procedure, for the sentence of death being confirmed.

( 2 ) BADRU-DIN deceased was about 43 years of age and was a meat seller by profession. He was also chairman of the meat-sellers Association. Admittedly they were also residents of the same locality, i. e. the Qasabpura.

( 3 ) THE prosecution case was that Mohd Rafi had borrowed Rs. 50 from the deceased. On November 17, 1972 at about 10 p. m. in Gali Marwari, Qasabpura, Mohd Rafi and the deceased were present when Mohd Rafi was abusing and threatening the deceased. Riazuddin, Safiquddin and Mahiuddin, also residents of