Judgment

CHANDRACHUD, J.:- The appellant Chuhar Singh suspected that the deceased Japan Singh had committed theft of some parts of his tubewell. On August 3, 1972 at about 5 p.m. the appellant asked Japan Singh to take a special oath denying the theft. That sparked off a quarrel during which Shisha Singh and Didar Singh are alleged to have held Japan Singh. The appellant then snatched a stick from Japan Singhs hands and he is alleged to have given him two blows on his head, causing thereby his death. The incident happened in a village called Danauli.

2. The appellant, along with Shisha Singh and Didar Singh, was tried by the learned Additional Sessions Judge, Jindh, under Section 304 read with Section 34 of the Penal Code for causing the death of Japan Singh. The learned Judge acquitted Shisha Singh, but convicted Didar Singh under Section 323 and the appellant under Section 304 Part I of the Penal Code. The appellant was sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 500/-.

3. In appeal, the High Court of Punjab and Haryana acquitted Didar Singh, but confirmed the conviction of the appellant under Sec. 304 Part I. The High Court, however, reduced the