Judgment

N. L. UNTWALIA, J.:- The appellant in this appeal by special leave was convicted by the Additional Sessions Judge, Jullundur under Section 304 Part-I, Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and a fine of Rs. 10,000 in default to two years further rigorous imprisonment. The fine, if recovered, was directed to be paid to the dependents of the deceased in equal shares. The appellant filed a criminal appeal in the High Court of Punjab and Haryana against his conviction and sentence. The State also filed an appeal and the widow of the deceased filed a revision in the High Court for convicting the appellant under Section 302 of the Penal Code instead of Section 304 Part-I. The High Court dismissed both the appeals as also the revision. The appellant only has preferred this appeal in this Court.

2. The appellant was running a factory at Jullunder and on account of non-availability of raw-materials the factory remained closed for a fortnight from the 14th to 28th September, 1967 resulting in lay-off of the workmen. A dispute arose between the management and the workmen in regard to the payment of wages for the period aforesaid. Ultimately a