Judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the conviction of the appellant for offence punishable under Section 304 Part I of the Indian Penal Code, 1860 (in short the ‘IPC’) and the sentence of imprisonment for 7 years as awarded by the trial Court and confirmed by the Allahabad High Court, Lucknow Bench, Lucknow.

3.Background facts in a nutshell are as follows :

Accused appellant Baijnath and deceased Kalika Prasad were real cousin. The father of the accused Beche Lal and Khargi father of Kalika (hereinafter referred to as the ‘deceased’) who was the informant, were real brothers and they lived separately in two adjoining houses. There was some dispute in between the two families regarding ‘nabdan’ and fixing of ‘kuntas’ (pegs), which were used for tying the cattle. On the date of the occurrence that is 13.7.1993 at about 7.00 p.m., a Panchayat had been called to settle the dispute in between the two families. The village Pradhan and many others were also present in the Panchayat. Claims and counter claims were made by accused and deceased. When accused Baij Nath declared that the disputed land belonged to him and will not be given to the decea