JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment rendered by a Division Bench of the Punjab and Haryana High Court upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short IPC) in terms of the judgment dated 9/10.10.1997 passed by the Additional Sessions Judge, Hissar.

3. A synoptical resume of the prosecution case is as under:

The prosecution machinery was set into motion at the instance of Shankar - PW 5 who had four brothers. Chhajju Ram (hereinafter referred to as the Deceased) was younger to PW 5- Shankar and they had a joint khewat in the revenue estate of village Sirdhan. On 9.9.1993 the said Shankar and his brother Nain Sukh and deceased Chhajju Ram went to their fields known as Theriwala for irrigating the land. Amar Singh (who faced trial and was acquitted) and Daya Nand (appellant herein) were already irrigating their fields. Shankar and others were to take turn of irrigation at 8.00 A.M. from the accused. At 8.00 A.M. deceased Chhajju Ram diverted the irrigation water to his field. Accused Daya Nand objected that his turn of water had not yet started. Chhajju