Judgment

FATHIMA BEEVI, J.:- The appellant Pradumansinh Kalubha, along with others was tried for the murder of the Keshav Uka on 12-2-1978 and acquitted by the Trial Judge. On appeal by the State, the High Court of Gujarat convicted the appellant for the offence under Section 304, Part II of the Indian Penal Code and sentenced him to undergo imprisonment for a term of five years. The appeal by special leave is directed against such conviction and sentence.

2. The occurrence happened at about 6.00 p.m. in Piplawala Chowk just in front of a shop. The prosecution case briefly stated is this: Keshav Uka was a Harijan painter residing in a Harijan Colony to the north of the Chowk. The Durbars of the village had strained relationship with Harijaris and there had been tension since the last six months prior to the occurrence on account of the boycott by the Harijans of the cinema theatre owned by Anopsinh, brother of the appellant. The deceased along with two others was on his way to get brush and Datan. While he had been turning towards the entrance, he unwittingly brushed with the appellant, who had been passing along with the other two accused. Infuriated by the collision, the appellant