(1.) THIS is an appeal brought by Sohan Singh against his conviction for an offence under Section 302, Penal Code.
(2.) THE facts of the case are that on 31-5-1948 between the hours of 6 and 7 P. M. there was a dispute at the well of Mazhabis between Shangara Singh on the one hand and Geja Singh on the other. Shangara Singh and Sohan Singh seem to be relatives and there is some proof that shangara Singh was living with Sohan Singh. The dispute ended in grappling at the well but the two were separated. Shangara Singh then went home and it is stated that Sohan Singh and shangara Singh armed themselves with 'dangs' and came to the spot where Geja Singh had also come after having been home and left his bucket of water there. There was an exchange of abuse and then Sohan Singh and Shangara Singh started beating Geja Singh. One of the blows fell on geja Singh's head and he fell down, was taken to the hospital at Algaon and died there the following day at 8 p. m.
(3.) THE first information report was lodged by Rur Singh, a brother of Geja Singh, at 2 P. M. on 1-6-1948 and naturally at that time it was a report under Section 307, Penal code.