1. This appeal is directed against an order of acquittal passed by the learned Sessions Judge, Jammu, on 10-1-1972.

2. The respondents were tried for an offence under Section 302 R. P. C. for causing the death of one Bhim Singh. According to the prosecution story Des Raj accused used to chop of branches of a Beri tree belonging to Sardar Singh P. W. and his brother Bhim Singh, deceased and on this account their relations had become strained. Despite objections by Sardar Sing P. W. Des Raj accused, did not desist from cutting the branches of the tree whereupon Sardar Singh convened a meeting of the residents of village Gonper on the evening of 12th March, 1971. Although, the real purpose of the meeting was to deal with the situation arising out of the cutting of branches of the tree but as a camoflauge it was given out that the meeting was meant to consider the proposal regarding the construction of a water tank. The accused persons were also present amongst others at the meeting. Some inconslus talk regarding the construction of water tank took place and soon thereafter the matter regarding unauthorised cutting of the branches of the Beri tree was brought up. Amar N