JUDGMENT

Arijit Pasayat, J.-State of Madhya Pradesh in Criminal Appeal No. 1646 of 1996 has questioned correctness of the judgment rendered by Division Bench of Madhya Pradesh High Court, Gwalior Bench, holding that respondent (Ghanshyam Singh) was guilty of offence punishable under Section 304 of Indian Penal Code, 1860 (for short IPC ). The sentence imposed was restricted to the period already undergone, which was about 2 years and fine of Rs. 15,000/- which, if deposited, was directed to be paid as compensation to the widow of Sarnam Singh (hereinafter referred to as the deceased ) and in her absence to other dependents and heirs of the deceased. In default of payment of amount of fine, the default stipulation was further imprisonment of two years.

2. Six persons including accused Ghanshyam faced trial for allegedly having committed offences punishable under Section 302 read with Section 149 IPC, Section 148 IPC, Section 307 read with Section 149 IPC. While the respondent-Ghanshyam Singh was found guilty of offence punishable under Sections 302, and 307 read with Sections 148 and 149, other accused persons were convicted under Sections 302 read with Section 149 IPC. They were al