( 1 ) THIS is an appeal by Dhahnoo Khan, who has been convicted by the learned Sessions Judge of rampur under Section 302 of the I. P. C. and has been sentenced to imprisonment for life and a fine of Rs. 100/ -.

( 2 ) THE facts giving rise to the incident briefly stated were these:

( 3 ) ON the 14th of December, 1951, the deceased went to the shop of one Tullan, who was a carpenter, about sunset time in village Kajriyee. As he went there he found several people sitting at that shop. The deceased asked as to where the Pradhan of the village was. Thereupon Tullan asked the deceased as to why he was enquiring for the Pradhan. In answer to this querry by tullan, the deceased replied that he wanted to meet the Pradhan for he wanted to complain to him against the actions of certain people who were driving carts through the ploughed fields and thereby causing damage. Dhannoo Khan the accused immediately said that the carts would be taken through the ploughed fields as they had been. This assertion by Dhannoo Khan led to an altercation between Dhannoo Khan, on the one hand, and Baddan alias Chet Ram the deceased, on the other. There was some scuffle also and according to the tes