Judgment

RAY, J.:- This appeal by special leave is against the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 302 of 1984 reversing the conviction and sentence passed by the Additional Sessions Judge, Patiala and acquitting the appellant Paul Singh (respondent No. 2 in this appeal) of the charge under section 302.

2. On Oct. 8, 1983 at about 4 p.m. the deceased, Karnail Singh who was the next door neighbour of Paul Singh, along with his son Kuldip Singh (PW8) were taking their buffaloes from their house towards the fields. When they reached near the house of one Baldev Singh in the lane where the houses of weaver community are situated, respondent No. 2, Paul Singh came from the opposite side driving a tractor. While the tractor was passing, it hit one of the buffaloes whereon Karnail Singh asked Paul Singh whether he could not see the buffaloes. There was some altercation between the parties. Paul Singh suddenly got down from his tractor taking the handle of the tractor in his hand and gave a blow on the forehead of Karnail Singh, the deceased. The deceased fell on the ground with his face downward. At that time Jagtar Singh (P