19. Reverting to the facts of the present case in light of the aforesaid principles of law laid down by their Lordships of the Supreme Court, it is quite vivid that there was no premeditation on the part of the appellant to cause the death of the deceased and only because the appellant and deceased Mahesh both were engaged in the job of Auto driver and earning their livelihood, on the date of incident, the dispute occurred on the ground of catching passenger in their respective Autos and sudden quarrel erupted between them and out of sudden anger and in heat of passion, the appellant assaulted the deceased on his head by hand and fist and thereafter by a concrete stone. It is the case of the appellant that Dr. P. Akhtar (PW-7) has been examined who has stated that heavy stone fell on the deceased by which he suffered injuries. As such, in a sudden quarrel in between the appellant and the deceased on the ground of catching passenger in their Auto, injuries have been caused and there is no premeditation on the part of the appellant to cause death of the deceased Mahesh and only because of a petty dispute, out of sudden anger and in heat of passion, the appellant assaulted deceased Mahesh and caused his death.
