JUDGMENT

S. RATNAVEL PANDIAN, J.:—These two appeals arise ot of a common judgment rendered in Criminal Appeal No. 500 of 1985 on the file of High Court of Gujarat at Ahmedabad. Criminal Appeal No. 459/1987 is preferred by the convicted appellant, S. D. Soni challenging his conviction under S. 304, Part I, I.P.C. and the sentence of 5 years rigorous imprisonment and Criminal Appeal makes out a case for an offence punishable under S. 302, I.P.C. and that the judgment of the High Court convicting S. D. Soni (respondent in the State appeal) under S. 304, Part-II, I.P.C.-is erroneous.

2. The facts, materials for the purpose of these appeals, may however be briefly indicated:

The appellant in Criminal Appeal No. 459 of 1987 hereinafter referred to by his name Soni married Varsha, the deceased herein on 4-12-82. After the marriage, she came to Ahmedabad and stayed with her husband who was in joint family of Roopam Society at Ahmedabad. After having stayed for about one month with her husband, she returned to her parentsplace at Bombay and after about a month, Soni took her back to the matrimonial home. According to the prosecution that even during her stay with her husband for about a mont