This is an appeal by Putti Lal, resident of Panditpurwa Babaganj, police station Rupaidiha, district Bahraich, against his conviction under Section 304, Part II, of the Indian Penal Code by the Sessions Judge, Bahraich. He has been sentenced to undergo five years' rigorous imprisonment. I have heard the learned counsel for the appellant and the Assistant Government Advocate for the State.

2. The facts of the case in brief are, that Banwari, P.W. 1, the younger brother of Asharfi, deceased, visited the house of prosecution witnesses Pojey and Bindra to engage them as labourers. When Banwari was talking to Pojey Putti Lal, appellant, also arrived there and enquired from Pojey what wages he had charged from Ram Dularey with whom he had worked, Pojey replied that he got wages in kind, namely, one panseri of wheat. Thereupon, Putti Lal remarked that now it would be difficult even for big persons to pay wages. After about 3 or 4 days, namely, on 6th September, 1965, in the evening, Banwari was cutting grass in his field. In the neighbouring field, Asharfi, deceased, was also scraping grass. Shanker was grazing she-buffalo in that very locality. Banwari narrated to him the inciden