ORDER

Leave granted.

We have heard learned counsel on both sides.

2. This appeal by special leave relates to nature of the offence committed by him.

3. The admitted position is that on October 25, 1985 at about 6 a.m. in village Kahlon within the jurisdiction of the Police Station Nawahshahr, one Santokh Singh and his party and the respondents and their party had a dispute on land. They indulged in quarrel as a result of which Santokh Singh died. The courts below recorded a finding that the occurrence had taken place at 6.00 p.m. in which both the parties sustained injuries. The deceased Santokh Singh received as many as 8 injuries five of which were on the head. As per the evidence of PW-2, the autopsy doctor, he died of the multiple injuries on the head. The injuries were inflicted with a gandasa. According to PW-2, those injuries are sufficient to cause death in the ordinary course of nature. Therefore, it is clearly a case under clause thirdly of Section 300, IPC and of murder punishable under Section 302, IPC unless the case is brought in any one of the exceptions engrafted is Section 300 IPC. The trial Court and the appellate Court have applied Exception (4) to Section 300 which