Judgment

PALEKAR, J.:- This is an appeal by special leave from an Order of conviction and sentence passed by the Madhya Pradesh High Court reversing the order of acquittal recorded by the Court of Session, Raipur.

2. The appellants were charged for the murder of Moujiram who was formerly the Malguzar of village Puran, Tahsil Baloda Bazar. At the time of the incident he was living with his wife in his Wada in the village, his children being away. The appellants are residents of village Puran and they had a dispute with Moujiram over the waters of a natural stream flowing in the village. He had filed a suit in 1962 in the Court of the Civil Judge, Baloda Bazar, for a permanent injunction to restrain some 11 cultivators from diverting the water of the stream to their own lands. Some five or six of the accused were parties to the suit. The suit ended in favour Moujiram and an appeal filed against the decision was pending in the District Court.

3. Moujiram had extensive cultivation in the village and on the day in question i.e. Friday 21-10-1966 he had engaged three labourers in his land for the ploughing and sowing operations. These labourers were Pancharam, P. W. 1, Dukhu, P. W. 2 and Su