Judgment

FAZAL ALI, J.:- This appeal by special leave is directed against the judgment of the High Court of Punjab and Haryana, by which the appellant has been convicted under Section 304, Part-I, I.P.C. and sentenced to six years rigorous imprisonment. Five other accused who had been convicted by the Sessions Judge were acquitted by the High Court. This altercation arose out of an irrigation dispute while Gulzar Singh was trying to divert water on his land on 26-6-1971. The detailed facts are set out in the judgment of the High Court and it is not necessary for us to repeat them again.

2. Appearing for the appellant, Mr. Uma Datta raised a short point before us. He submitted that in view of the findings of fact arrived at by the High Court the conviction and sentence passed on the appellant cannot be sustained. In this connection, the counsel drew our attention to the following findings of the High Court.

"It is thus evident that the version given by Gurmit Kaur and Haqiqat Singh in respect of their being present at the Government tube-well in court, is not consistent, with their earlier version. Thus it is difficult to hold that the eye-witnesses in this case have given the true ver