Kanhaiya Singh, J.

1. This is an appeal from the decision of the Additional Sessions Judge, Patna, dated 22nd December, 1956, convicting the appellant under Sec.325, I. P. C. and sentencing him to undergo rigorous imprisonment for five years. The charge initially against the appellant was of murder under Sec.302, I. P. C. but the learned Additional Sessions Judge found that the charge of murder had not been established. In his opinion the offence the appellant committed was grievous hurt under Sec.325, and he sentenced him accordingly.

2. This lamentable incident which was the development of a domestic feud between the two full brothers over almost a trifle and which resulted in the death of one of them took place at 6 P. M. on 29th May, 1956, in village Soh within the Bihar Police Station. Nokhali, the deceased, was the elder brother of the appellant, Rambaran Mahton. Both of them were separate in mess and cultivation. This occurrence took place in the field comprised in Survey Plot 849 which, there is no dispute, had been allotted exclusively to their mother Mosstt. India (Court witness No. 1). At that time the deceased was looking after his brinjal field which was 250 ya