JUDGMENT

SARKARIA, J. (on behalf of Bhagwati J. and himself): This appeal by special leave is directed against a judgmnet of the High Court of Allahabad dismissing the appeal of Partap appellant and maintaining his conviction under Section 302, Penal Code. The facts of the prosecution case as narrated at the trial by Raj Kumar, the star witness of the prosecution, were as follows:

Raj Kumar had installed a Tubewell in his filed known as Chharelawala field in the revenue estate of village Sant Kuiyan, in the year 1962. The water pumped out from this tubewell was utilised by him not only for irrigating his own fields but also those of the neighbours against charges. Subsequently, Puttu Lal accused also set up a tubewell in his land situate in the vicinity of Chharelawala filed. Puttu Lal, too, started letting out the use of his tubewell on hire. An unhealthy competition ensued between Raj Kumar and Puttu Lal in this water business, and their relations became strained. There was a water channel running from North to Sough in Raj Kumar s field through which Puttu Lal used to supply water to others. To the South of Chharelawala field, there is a grove belonging to Sia Ram, Pardhan of t