Nathu Lal & Others vs State Of U.P. on 18 May, 2018
In somewhat similar facts of this case the Supreme Court in the case of Jasbir Singh v. State of Punjab, 1993 Supp (2) SCC 760 has found that the accused would be liable to be convicted under Section 304 Part-I and not under Section 302. In the said case also the dispute arose in respect of the irrigation of the field and the complainant had not allowed them to take water to the field of the accused on the ground that it was his turn, thereafter he diverted the flow of water towards his own paddy field. The accused-appellant in that case protested and left the place leaving his son with instruction not to pick up quarrel with the appellant till he returns. Thereafter, after sometime they returned to the field and they found that the appellant was irrigating his field. The deceased diverted the flow of water towards his paddy field thereby blocking the course of water to the field of appellant. The appellant went to his house and came back armed with a licensed gun. He opened fire with his single barrel gun and hit the deceased. The Supreme Court also held that it was the case where the accused is liable to be convicted under Section 304 Part-I and not under Section 302. Relevant part of the judgment reads as under: