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 foot for digging the well. An agreement for carrying out this work was drawn up and executed between Ravudan the appellant. Kana deceased was employed by the appellant to quarry stones from a nearby hill to supply the same at the site. Ravudan and his associates dug the well up to a depth of about 10 feet, but could not continue the work further, because according to them, hard rock had appeared at that depth. Dispute arose between Ravudan and others on one hand and the appellant on the other. Ravudan and his associates were demanding higher charges. Kana was also demanding Rs. 60/- from the appellant as his dues. The appellant, however, took up the stand that nothing was due from him to Kana because the latter had already received an over-payment of Rs 180/-.

3. On July 30, 1970, the appellant visited Raydhanpar. In the evening at about 8 p.m., he was in the house of his Manager, Malshi. Malshi was not there but his wife, Lakshmi and children were there. According to the prosecution story, as narrated at the trial, Ravudan, Rata and Arjan went to the appellant in the house of Malshi and demanded payment of their dues. According to the F. I. R. which was lodged by Khima (P.W. 2), the Police Patel of the village, he was also present in the house of Malshi along with Ravudan, Rata and Arjan when they pressed the appellant for payment of their dues. Although, at the trial, Khima has changed that version. Kana owed Rs. 40/- to his first cousin, Khima (P.W. 2). Khima was pressing Kana for payment of that amount. Kana, in turn, told Khima that he would clear that loan after recovering Rs. 60/- from the appellant. When the aforesaid persons demanded payment of their dues, the appellant refused to pay, insisting that nothing was due from him and he curtly asked them to quit the house. According to the prosecution story at the trial, when Ravudan, Rata and Arjan came out of the house, Khima told them that he had good relations with the appellant and he would persuade him to pay their dues. After about one and a quarter hours, the appellant started his jeep which had been parked in the Vada of Malshi for going to Bhuj. Khima, Kana, Ravudan, Rata and Wala waited at a distance of about 250 feet from the Vada of Malshi in the road leading to Bhuj. At about 9.30 p.m. they saw the jeep with lights on coming from the Vada of Maslhi. Khima and Kana raised their arms signalling to the appellant to stop the vehicle, while their companions also came close to the jeep. On seeing these five men in the road, the appellant took out his revolver and fired three shots one after the other. Two of those shots did not hit anybody but the third shot fired by the appellant hit Kana in the chest. The appellant then sped off in his vehicle to Bhuj. Immediately after the firing, many per