( 1 ) APPELLANT Govind Natha has been convicted by the learned Sessions Judge Kutch at Bhuj for the offence under section 304 Part I Indian Penal Code and sentenced to suffer rigorous imprisonment for five years and for the offence under section 21 Indian Arms Act and sentenced to suffer rigorous imprisonment for three months. The learned Judge has ordered both the sentences to run concurrently.

( 2 ) THE first charge against the appellant was that on or about 3-10-1959 at about 5-00 P. M. he committed the murder of one Aher Suthar Punja Mahisur at his i e. appellants shop in the village Mirzapur Taluka Bhuj District Kutch. The second charge against the appellant was that in contravention of a licence to possess 12 cartridges at a time the appellant possessed on the aforesaid date and time 30 cartridges.

( 3 ) A majority of the facts on which the prosecution has relied to establish the two charges against the appellant has been admitted by the appellant and those facts have not been challenged before us by Mr. Bhragu Shastri learned Advocate for the appellant. We shall first of all briefly mention those undisputed facts.

( 4 ) THE appellant conducts a grocery shop