JUDGMENT

P. N. BHAGWATI, J.:—This appeal, by special leave, arises out of an internecine fight between two brothers and their respective families. The deceased Kana and Birdha were brothers and they had fields adjoining to each others. There was a small mud-wall constructed on the boundary line dividing the two fields. It appears that the deceased Kana and his sons Babulal, Chauth Mal, Lalu and deceased Bhanwaria demolished this mud-wall. This provoked the ire of Birdha and his sons Sohan, Kalyan and the appellant and on the fateful day, namely, 4th April, 1969 at about 7 a.m., when both the rival groups were in their respective fields, Birdha shouted to the deceased Kana and his sons and called them to his field. The deceased Kana and one Chanda, who was present in the field at that time, went to the field of Birdha followed by the sons of the deceased Kana. Birdha asked the deceased Kana and his sons as to why they had demolished the mud-wall between the two fields and this led to exchange of abuses between the two groups. The altercation soon developed into an usual fight and according to the prosecution, Birdha struck one blow with a lathi on Babulal and another on the deceased