JUDGMENT

Arijit Pasayat, J.-Appellant faced trial for alleged commission of offence punishable under Sections 302 and 307 of the Indian Penal Code, 1860 (for short IPC ). Learned Additional Sessions Judge, Delhi found him guilty of the aforesaid offences and sentenced him to undergo imprisonment for life and fine of Rs. 300/-, and for two years imprisonment and a fine of Rs. 200/- respectively for the aforesaid offences. The matter was carried in appeal before the Delhi High Court. By the impugned judgment the High Court held that the case was not one covered by Section 302 IPC, but Section 304 Part-I IPC was attracted. Similarly, instead of Section 307 it was held that Section 308 IPC was appropriate. Sentences of 10 years and 2 years respectively were awarded.

2. Prosecution version as unfolded during trial is as follows :

Appellant was attached to Mangat Ram, a Municipal Councillor and Chairman, Works Committee of the municipality as a Personal Security Officer. On 14.6.1989 there was an altercation followed by scuffle between the accused-appellant and one Devender Singh (hereinafter referred to as the deceased ). On the date of occurrence, deceased had parked his three-wheeler s