JUDGMENT

SARKARIA, J.:— This appeal by special leave is directed against a judgment, dated August 4, 1973, of the High Court of Gujarat, reversing the acquittal of the appellant and convicting him under Section 304, Part II, Penal Code, with a sentence of seven Years rigorous imprisonment.

2. The prosecution case, as it emerged finally from the evidence on record, was as follows:

Appellant is a businessman residing in Bombay. His native village is Bhuj in the State of Gujarat. There is a village Raydhanpar at a distance of 8 miles from Bhuj. Appellant purchased some lands in the area of Raydhanpar. He employed one Malshi as his Manager to look after the land. Malshi lived in a rented house in Raydhanpar. Whenever the appellant used to be in Bhuj, he ordinarily visited Raydhanpar also. The appellant was taking steps to improve and develop his lands. For that purpose, he planned to construct wells in the lands. The construction of two wells had been completed. For sinking the third well, he employed Ravudan (P.W. 3), Rata (P.W.5) and Arjan, residents of village Raydhanpar. Ravudan and his associates contracted with the appellant to sink the well. Ravudan was to be paid Rs. 15/- per foo