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Raj Kumar was armed with Kasola and from the reverse side of Kasola he gave single blow to Mewa Singh-deceased. Blow was not repeated. If intention was to murder then Kasola from its right side should have been used. Raj Kumar could easily repeat the blow. He had not caused injuries to any other witness. Common plot was owned by the Gram Panchayat and on some portion there was a Harijan Chopal. Some portion was lying vacant. Plot owned by the Panchayat was being used by all the villagers. But Mehar Chand and Ishwar Singh were intending to occupy the plot. When they were raising construction then there was a free fight. So intention was not to murder but to cause injuries by one party to the other to protect plot. Raj Kumar, is liable for punishment under Section 304-Part-II and not under Section 302 IPC.