Judgment

ALAGIRISWAMI, J. :- This is an appeal against the judgment of the High Court of Allahabad altering the sentence of life imprisonment inflicted on the appellant by the Sessions Judge, Hamirpur, to one of death under Section 303 I.P.C. The main argument in this case has been about the legality of the conviction of the appellant under Section 303 I.P.C. though an attempt was also made to canvass the correctness of the judgment of the Sessions Judge awarding the sentence of life imprisonment.

2. On 14-10-1964 the deceased Rati Ram and his brother Pooran, P.W. 1, had gone to their fields and Pooran and his servant Ganga, P.W. 4, were ploughing their fields. In another field belonging to Pooran the appellant was grazing his cattle. Rati Ram asked the appellant to take away the cattle from his field as it was not yet dry and grazing of the cattle would damage the field. The appellant refused to remove his cattle from the field and upon this there was an exchange of abuses between the two. When the deceased was driving away the cattle from the field, the appellant gave a blow on the left side of the neck of the deceased with a Pharsa, which he had in his hand, and the deceased fell