Judgment

VAIDIALINGAM, J. : - In this appeal, by special leave, by the State of Uttar Pradesh, the question that arises for consideration is whether the acquittal, by the High Court, of the respondent for the offence under Section 302, I. P. C. is correct.

2. The respondent is a lawyer and was residing at the material time in Mohalla Dunkinganj in a three storeyed house. He and his family occupied first and the second floors in that house though they had to use the water tap and the latrine on the ground floor. The ground floor rooms had been lat out to several persons including Smt. Keshar, P. W. 24. She was living in the rooms for over six years and was paying rent to the respondent. But the respondent was taking steps to evict her and had also asked her to vacate the rooms. P. W. 24 appears to have represented about this to several people in the locality including Munder. On the evening of December 6, 1965 the respondent again asked P. W. 24 to vacate the rooms and actually threw out her household articles on the road. At that time Munder came to that place and protested against the conduct of the respondent in throwing out the articles of P. W. 24. An altercation ensused between