Sharma, J.-The appellant, Rati Ram, has been convicted by the learned Sessions Judge, Alwar, under sec. 304, part one, of the Indian Penal Code, and sentenced to 7 years rigorous imprisonment. The prosecution story is as follows: —

2. On the 7th of May, 1952, at about 5 in the evening, a bullock belonging to Khubi Jat of village Jadka, Police Station Kishangarh, Alwar District, got into the guara of Ram Sahai Jat of the same village. Rati Ram gave a lathi to the bullock, and drove it away. Khubi brought the bullock to his guara.. and tied it there. Soon after, Rati Ram, Ram Sahai, Chaju and Sunder Lal were approached by Khubi, who protested why his bullock was struck. This gave rise to an exchange of hot words between the parties, and Ram Sahais party assaulted Khubi with lathis. Khubi raised an alarm, which brought Patram to the spot. Patram received some lathi blows at the hands of Ram Sahais party. During the progress of the fight, Bobar deceased, a brother of Khubi, also came to the spot, and tried to stop the fight by entreating with folded hands. Unaffected by Bobars entreaties, Rati Ram picked up a pharsi from a poli nearby, and inflicted belows on Bobar. Chaju and Sunder als

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