Judgment

FAZL ALI, J.:- In this appeal by special leave. Ram Swarup has been convicted under Section 302 of the Indian Penal Code by the High Court, which acquitted the other accused who were tried along with the other appellants. Briefly put, the prosecution case was that on 29th August. 1968 at about 4,00 p.m. Rattan Singh let loose 5 buffaloes who trespassed into the field of P.W. 4 Sukhi and appeared to have caused damage to the field. Thereafter, the buffaloes were caught hold of and impounded in the village cattle pound nearabout. This seems to have annoyed the accused persons who lay in wait for the complainants party and when at about 6.00 p.m. Ram Gopal and Sukhi passed near the scene of occurrence, the five accused then started remonstrating with them regarding the cause as to why their cattle had been impounded. Soon thereafter, the complainants party were joined by three others including the deceased Budha. It is admitted that excepting Budha, all other members of the complainants party werealso armed with lathies. After the complainants were joined by the others an altercation ensued in which the appellants and other accused are said to have assaulted the deceased and o