ORDER 1. Leave granted. 2. Heard the petitioners counsel and counsel for the State of Haryana. 3. The appellant comes before this Court against his conviction and sentence. The brief facts are that on 16-8-1995 the deceased Bawa Singh was working in his field. The appellant reached the field of the deceased and told him that he shall not take the tractor to his field as it would cause damage to his field crops. It appears that there ensued a quarrel and the appellant gave a blow on the head of the deceased Bawa Singh. He sustained fracture on his head and died. PW 3 Raj Kaur was examined on the side of the prosecution. The Sessions Judge accepted the prosecution evidence and found him guilty under Section 302 of the Indian Penal Code. The High Court affirmed the conviction and sentence of the appellant. 4. Going by the evidence adduced by the prosecution, we are not inclined to interfere with the findings of fact entered by the Sessions Judge and the High Court. However, we find some force in the contention urged by the appellants counsel that the offence, if any, committed by the appellant may not come within the purview of Section 302 IPC. It is pointed out that there was no previous quarrel or enmity between the appellant and the deceased and the quarrel had suddenly taken place due to the fact that the deceased Bawa Singh drove the tractor through his field and the sudden quarrel ensued because of the conduct of the deceased. It is also pointed out that the appellant was having a weapon with him and he gave only one blow which unfortunately had resulted in the death of the deceased. It is contended by the appellants counsel that the offence would come within the ambit of Section 304 Part I IPC. It is true that there is only one fatal injury on the head of the deceased. The appellant must have inflicted a blow on the head of the deceased because of the quarrel between the two. The appellant certainly would have knowledge that his act would result in the death of the deceased. It is true that there is only one fatal injury on the head of the deceased. The appellant must have inflicted a blow on the head of the deceased because of the quarrel between the two. The appellant certainly would have knowledge that his act would result in the death of the deceased. Hence, the offence comes under the purview of Section 304 Part I of the Indian Penal Code and hence we set aside the conviction of the appellant for the offence under Section 302 IPC and hold him guilty of the offence under Section 304 Part I IPC and sentence him to undergo imprisonment for a period of 8 years. The appeal is disposed of as above.