The eye witnesses have deposed that the accused were annoyed as it was their turn to use the water of the well. The accused, in the said state of facts therefore switched off the electric meter pump installed by Rajaram and switched on the electric meter pump installed by the accused. It is obvious to us that there was no previous meeting of mind as there is no evidence to indicate so. The accused had arrived at the scene of the incident unarmed as none of the prosecution witness claim that the accused had come to the scene of the incident carrying a spade with them. In the process of switching on the electric meter pump belonging to the accused, deceased Rajaram had held the hands of accused no.1 Haribhau and Haribhau had also held the hands of deceased Rajaram. In that sense of the term, therefore, the deceased and the accused were grappling with each other. Accused no.2 Kailas all of a sudden took a spade, possibly a spade which was lying at the scene of the incident and struck deceased Rajaram with the blunt side of the spade on the head of Rajaram. No further injury was inflicted by the accused, nor was any attempt made by the accused to inflict any further injuries. The intention of the accused no.2 Kailas was obviously to inflict an injury, or at the
