JUDGMENT :

1. Heard Sri S.P. Lal, learned counsel for the appellant and perused the judgment and order impugned. None appeared on behalf of sole respondent though notices were issued.

2. The appellant has challenged the order dated 28.6.1991 of the Commissioner, Employee’s Compensation whereby compensation of Rs.80,664/- has been awarded to claimant/respondent for death of her husband who was murdered while in employment.

3. While issuing notice, this Court had called for the record of the Court below.

4. Whether the murder of the deceased, Ved Prakash was an "accident" arising out of and during the course of his employment ? The law on this issue is well settled by the Supreme Court in Rita Devi v. New India Assurance Co. Ltd., 2000 ACJ 801 (SC). The Supreme Court drew distinction between a "murder" which is not an accident and a "murder" which is an accident. The Supreme Court laid down the test that if the dominant intention of the felonious act is to kill any particular person, then such killing is not accidental murder but a murder simpliciter. However, if the cause of murder or act of murder was originally not intended and the same was caused in furtherance of any other felonious