1. - Jangir Singh has preferred this revision against the order of Judicial Magistrate No 2 Hanumangarh, whereby cognizance against him was taken for the offence under section 302/109 I. P. C.

2. Briefly stated the facts relevant for the disposal of this revision are these. There is a country liquor shop of Indersen at village Baripura. On the evening of 22.9.1979 two groups were taking drinks at the shop. The one party consisted of P. W. Buta Singh and Darshan Singh deceased son of Budh Singh. The other party comprised of Jagrup Singh and Darshan Singh son of Jangirsingh. Some altercation ensued between deceased Darshan Singh son of Budh Singh and Darshan Singh son of Jangir Singh. Jagroop Singh son of Jangir Singh after conferring with his brother Darshan Singh son of Jangir Singh went to his house. While Praja Singh, Darshan Singh son of Budh Singh and Darshan Singh son of Jangir Singh continued their drinks. Some further abuses were exchanged between theparties. Some how the dispute was settled and Darshan Singh deceased with Buta Singh left for the house. Darshan the liquor shop followed them. When they reached at a distance of about 225' from Singh accused the party s