Judgement

SEN, J.:- After hearing learned counsel for the parties, we are satisfied that the judgment of acquittal entered by the High Court was apparently erroneous and has caused manifest miscarriage of justice. We are rather surprised that the High Court should have given credence to the defence plea of mistake of fact under S. 79 of the Indian Penal Code, 1860. The evidence on record shows that the respondent and the deceased had strained relations over grazing of cattles. On the date of incident the deceased had gone to the house of PW 2 for recital of Bhagbat. Some other villagers including the respondent was also present there. At about 10 p.m. recital of Bhagbat was over and the deceased returned to the house. Some time thereafter, a hue and cry was raised from near the house of the respondent. Several villagers including PWs 2, 3. 4 and 5 ran to the place. They saw the deceased lying on the ground in a pool of blood with a head injury. The respondent along with his mother and wife were tending the deceased and wiping out blood. The deceased was till then on his senses and on query by the villagers stated that the respondent had assaulted him. On being questioned, the respon