V. Bose, J. - (1.) The appellant Virsa Singh has been sentenced to imprisonment for life under S. 302 of the Indian Penal Code for the murder of one Khem Singh. He was granted special leave of appeal by this Court but the leave is limited to "the question that on the finding accepted by the Punjab High Court what offence is made out as having been committed by the petitioner." The appellant was tried with five others under Ss. 302/149, and 323/149 and 323/ 149, Indian Penal Code. He was also charged individually under S. 302. The others were acquitted of the murder charge by the first Court but were convicted under Ss. 326, 324 and 323 read with S. 149, Indian Penal Code. On appeal to the High Court they were all acquitted.
(2.) The appellant was convicted by the first Court under S. 302 and his conviction and sentence were upheld by the High Court.
(3.) There was only one injury on Khem Singh and both Courts are agreed that the appellant caused it. It was caused as the result of a spear thrust and the doctor who examined Khem Singh, while he was still alive, said that it was "a punctured wound 2" x 1 /2" transverse in direction on the left side of the abdominal wall in the lower part of the iliac region just above the inguinal canal." He also said that "Three coils of intestines were coming out of the wound.";