Judgment

MISRA, J. :- The present appeal is directed against the judgment and order of the High Court of Gujarat, dated 15th of July, 1975, allowing the appeal filed by the State of Gujarat and setting aside the order of acquittal passed by the Sessions Judge, and convicting the appellant under Section 302 I. P. C. and sentencing him to suffer rigorous imprisonment for life.

2. The appellant and the deceased Manorbhai Veribhai had a common ancestor and they were cousins at fourth degree. They lived in the same neighbourhood. The western wall of the house of the deceased touched the eastern wall of the house of the appellant. Beyond the house of the appellant lies the wada land belonging to the deceased which is used for storing firewood and cow-dung cakes. There was some bad blood between the appellant and the deceased inasmuch as the brother of the appellant was murdered and Magan, the son of the deceased, was prosecuted in that connection. But eventually he was acquitted. The deceased had also received a fracture injury on his arm in that incident and in that connection the appellant along with others was also prosecuted. The said case, however, was compromised between the parties.