Judgment

A. D. KOSHAI, J. :- This is an appeal by special leave from a judgment dated 28th January, 1975 of the High Court of Madhya Pradesh upholding the conviction of the appellant for an offence under Section 302 of the Indian Penal Code and a sentence of imprisonment for life in consequence.

2. The facts of the case may be better appreciated with reference to the following pedigree table :

3. The occurrence in which Arjun Singh lost his life took place around noon on the 13th May, 1971 and its details, according to Fakru (P. W. 10), are as follows. On the fateful day, Fakru (P. W. 10) was returning to his house from his field when he met the deceased. At the latters instance the two of them went to the field of the deceased which was being ploughed by his employees, namely. Budhiya (P. W. 11), Gulab (P. W. 12) and one Beria. After giving some instructions to his employees, Arjun Singh proceeded to his well accompanied by Fakru (P. W. 10). There they found that Dhul Singh, accused was plucking mangoes from a mango tree. Ariun Singh protested with a remark that his own share had not been left intact and that Dhul Singh had no business to denude the tree of the entire fruit. Dhul Sin