JUDGMENT

 Special leave granted.

2. The appellant was convicted under S. 302, I.P.C. and sentenced to undergo imprisonment for life for causing the death of Jeet Singh on May 22, 1983 at about 11.00 a.m. in the field of the deceased. The Rajasthan High Court confirmed the conviction in Criminal Appeal No. 105 of 1984. The case of the prosecution in nutshell was that the deceased and the appellant are neighbouring owners of lands. There was an altercation between them due to the appellant throwing soil into the lands of the deceased from Dali (strip of land dividing the two fields of the deceased and the appellant). Thereon the deceased went to the appellant to persuade him not to throw the soil into their field and to have the matter settled amicably through negotiations and if need be by measuring the lands, yet the appellant was annoyed with the conduct of the deceased and his sons PW. 1 and PW-2 and son-in-law PW-3. At the instigation of his son by name Pappu (who was a Juvenile offender and was dealt with separately), the appellant inflicted with Kassi (spade, sharp-edged cutting instrument) on the head of the deceased and with its impact the deceased fell down. Thereafter the a