JUDGMENT

Jagdish Singh Khehar, J.

1. According to the allegations levelled in the complaint, the appellant–Brij Lal and Mohan Lal -PW-15 were both employed in the Irrigation Department of the State Government. They were both holding the posts of Gauge Reader. They also resided in government quarters at Suleman-ki-Head, close to one another. The appellant–Brij Lal allegedly used to hurl abuses at Mohan Lal -PW-15 under the influence of liquor. Some others, including Kashi Ram, co-accused, used to side with the appellant – Brij Lal, in his misbehaviour with Mohan Lal – PW-15. In order to settle the dispute amicably Mohan Lal – PW-15 called a “panchayat” (council). The endeavour of Mohan Lal – PW-15, through the panchayat, proved unsuccessful. Eventually, he addressed a communication dated 18.8.1983, to the Assistant Engineer of the Irrigation Department, highlighting the inimical attitude of the appellant–Brij Lal. Since the said complaint also did not lead to any fruitful result, Mohan Lal – PW-15 quit his government accommodation, and took up rental accommodation in the house of Mohan Ram – PW-1.

2. The incident which has given rise to the present appeal, occurred on 30.9.1983 at