JUDGMENT

FAZAL ALI, J.:— This is an appeal under the provisions of The SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 against an order of the High Court dated 15/16-9-1971 by which the High Court set aside the acquittal of the appellant under S. 302 I. P. C. and convicted him under S. 302 I. P. C. and sentenced him to imprisonment for life. He was also convicted under S. 324 I. P. C. and sentenced to two years. The facts of the case have been briefly summarised in the judgment of the High Court as also that of the Sessions Judge and it is not necessary to repeat the same. The dispute in the instant case appears to have taken place on the sharing of water with the help of an electric motor installed by one of the co-sharers. It appears that the accused was not pleased with the rate charged by the owner of the engine and wanted to pay less. Thereafter there was an exchange of abuses on which the deceased Gena intervened and asked the parties not to fight. This appears to have enraged the appellant Pandurang who took hold of an iron bar and gave a blow on the head of the deceased as a result of which the deceased fell down and died. The occurrence took place at about 8.