JUDGMENT

BHAGWATI, J.:—The incident, out of which this appeal arises, took place at about 9.30 p.m. on 2nd August, 1967 in a village called Charra within the jurisdiction of 1157 Barla Police Station. The genesis of the incident was petty dispute which arose between the first appellant, on the one hand and Bhajan Lal, Raghubar Dayal and his brother Shyam Lal on the other. The houses of Bhajan Lal and the first appellant are situate adjoining to each other and each of these houses had a chabutra in front of it. The Chabutra of Bhajan Lal was demolished by the Town Area Committee of Charra for facilitating construction of pacca drain and so also, the chabutras of various other residents of the village but the Chabutras of the first appellant was spared. Bhajan Lal carried a feeling that the first appellant was responsible for the demolition of his Chabutra and he, therefore, started bearing ill will against the first appellant. He was supported by Raghubar Dayal and Shyam Lal who took sides with him in this dispute with the 1st appellant. On 2nd August, 1967 at about 7 p.m. there was exchange of hot words between Shyam Lal and the 1st appellant in connection with this dispute and, ac