R.L. Anand, J. (Oral) - This is a criminal appeal and has been directed against the judgment and order dated 14.1.1987 passed by learned Sessions Judge, Ferozepur, who convicted the appellant under Section 308 of the Indian Penal Code and sentenced him to undergo R.I. for a period of five years.

2. The brief facts of the case as unfolded by the prosecution witnesses at the trial are that Mangh Singh PW is a member panchayat of Village Dhandi Qadim. On 7.8.1985 at about 7.00 p.m. he was going to his tubewell installed in his fields at Hitharwala. While so proceeding when he was close to the fields of Mohinder Singh, Ex-Sarpanch, he saw that from the opposite side Kashmir Singh son of Gurian Singh was coming towards the village on his tractor. Dilawar Singh, Balwant Singh and Chand Singh residents of village Dhandi Qadim were sitting on the seats of the tractor while Jit Singh injured, Phalku Singh, Dial Singh son of Sona Singh and Mehar Singh accused were sitting on the cultivator of the tractor. Phalku Singh caught hold of Dial Singh with a Parna while Mehar Singh accused slowed down the speed of the tractor and gave a hockey blow to Dial Singh but the blow hit on the head