JUDGMENT :

1. Rule. Learned APP waives service of notice of Rule on behalf of respondent State.

3. Learned advocate Mr.Hardik Raval appearing for the applicant has mainly contended as follows :

(b) It is further argued that from the charge itself, it is clear that incident has taken place out of quarrel between the deceased and the accused and as per the case of the prosecution, on 17.8.2016, the deceased did turn up for the work and therefore, applicant accused at 8.00 O’clock in the morning went to pick him up; however, he declined to accompany him for the work and because of this, quarrel has taken place and at that time, the applicant accused used abusive language to which the applicant accused got annoyed and picked up spade which was lying near and inflicted injuries on the head of the deceased, due to which, the deceased expired on 30.8.2016. Thus, it is argued that the incident has taken place on