Judgment

KAILASAM, J.:- This appeal is preferred by Jetharam against the judgment of the Rajasthan High Court allowing the appeal by the State against his acquittal by the Sessions Court and convicting him under S. 302 I.P.C. and sentencing him to imprisonment for life.

2. The short facts of the case, as spoken by P.W. 1, the main eye witness is that Jetha Ram, the appellant before us was having a flock of sheep in the village Barasinghsar. There was acute shortage of water and therefore the villagers protested against the appellant keeping a large flock when there was not even enough drinking water in the village. Because of the villagers protest, Jetharam removed his flock to the adjoining villages but ultimately came back to the village and about two days before the occurrence P.W. 1 Jagannath had his turn to take water from the well in the village. The appellant Jetharam brought the flock to the well and began watering them. P.W. 1 Jagannath protested but Jetha replied that he would settle the matter on Holi and went away with the flock. On the full moon day (two days later) the villagers gathered at Ger Ki Gwar for celebration of Holi. They burnt Holi and when the villagers were