JUDGMENT 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:- "Contusion 7" x 1" over left lower part of back crossing medical line transversely 1,1/2" above iliac crest". 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. 4. It was argued by the learned counsel for the petitioner that the quarrel between the deceased and the accused related to a petty affair. The accused did not inflict any injury to any vital part of the body of the deceased. He gave only one blow which even did not cause any grievous hurt. It was further argued that the circumstances the accused had no intention to cause death or cause such an injury which was sufficient in the ordinary course of nature to cause death or was likely to cause death. The accused even cannot be imputed the knowledge that by his act the death would be necessarily or likely caused. The offence therefore did not travel beyond 323 IPC. Bail is the rule and jail is an exception for all those offences which are not punishable with the extreme penalty of life imprisonment. 5. The learned counsel for the petitioner also argued that probably Girdhari did not die because of the lathi injury though the doctor has opined that he died as a result of the shock caused by the injury because from the post-mortem report it is not possible to locate any symptoms of shock. On the other hand it was argued by the learned Pubic Prosecutor that the accused entertained the intention to kill Girdhari otherwise he would not have inflicted a lathi blow which was 2" thick in diameter. On the other hand it was argued by the learned Pubic Prosecutor that the accused entertained the intention to kill Girdhari otherwise he would not have inflicted a lathi blow which was 2" thick in diameter. The blow was given with such a force that the lathi was split into two parts. 6. I have considered the rival contention and any comments at this stage is likely to effect the course of the trial. 7. However, in the facts and circumstances of the case, grant bail to the petitioner on furnishing a personal bond in the sum of Rs. 5,000/- and two sureties in the sum of Rs. 2,500/- each to the satisfaction of the Sessions Judge. Bhilwara for his appearance in the said court on each and every date of hearing.Bail Allowed. *******