JUDGMENT

Allsop, J. - This is an appeal by Khhmnan, Gujar, who was sentenced to transportation for life u/s 302 of the Indian Penal Code for murdering Hansa, Gujar. It is admitted that there was a quarrel because Hansa had built a wall and was under the impression that Khimman's bullocks had been tied near it and had done damage to it. The parties are at issue whether the damage was done by the bullocks or not but that is a matter of no importance. The prosecution case was that Khimman and his brother, Mathnu, attacked Hansa, the latter seizing Hansa by the waist and the former hitting him on the head with a branch cut from a nim tree which was lying nearby. Both Khimman and Mathnu were sent up for trial. Their defence was that Khimman alone had been present when the quarrel first began and Hansa and others had attacked him and made his nose bleed According to the accused Mathnu came up a little while later and remonstrated about this conduct and that he in his turn was attacked by Hansa and others and when he was seized that Khimman hit Hansa on the head in order to release his brother. It is clear, therefore, that it is admitted by the accused that he had hit Hansa on the head and