(1.) This bail petition is moved on behalf of Sukha, who is accused of the offence of murder.
(2.) Briefly stated the facts are that the accused deepened the water course in his field with the the result that the flow of water to the field of deceased Girdhari became difficult. Girdhari complained to Sukha and that ensued a quarrel. While Girdhari sitting on a 'Chhabutaii,' Sukha gave a lathi blow on the left lower part of the back resulting in the following external injury:-
(3.) Girdhari died within a short time after he received the injury. From the post mortem examination no fracture, haemorrhage or injury to any vital part of the body of the deceased was found. In the opinion of the doctor, Girdhari died as a result of the shock due to the injury.