JUDGMENT :

Ananda Sen, J.

1. This criminal appeal is directed against the Judgment of Conviction dated 19.03.1997 passed in Sessions Trial No.714 of 1991/20 of 1992 arising out of Bhandra Police Station Case No.19 of 1990 (G.R. No.190 of 1990), whereby the learned Additional Judicial Commissioner, Lohardaga found the sole appellant guilty for committing an offence punishable under Section 302 of the Indian Penal Code and convicted him for the said offence and by order dated 20.03.1997, sentenced him to undergo rigorous imprisonment for life.

2. Learned counsel appearing on behalf of the appellant submits that on the facts of the case and the evidence led by the prosecution witnesses, the case does not come within the purview of Section 302 of the Indian Penal Code. The basic ingredients of Section 300 of the Indian Penal Code, i.e., intention of causing death is absent in the instant case. In absence of any intention, the conviction of the appellant under Section 302 of the Indian Penal Code is bad and is liable to be set aside. He argues that admittedly, there was land dispute between the appellant and the deceased, which is apparent from the evidence and in fact, it is the deceased,