JUDGMENT

S.B. Majmudar, J. - Appellant, Wassan Singh has brought in challenge his conviction and sentence as imposed upon him by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 637-DB of 1981. While allowing his appeal against conviction under section 302 Indian Penal Code (in short IPC) the High Court has convicted him for the lesser offence under Section 304 Part I, IPC and sentenced him to undergo rigorous imprisonment for 10 years. The appellants grievance is that he is not liable to be convicted even under the said provision.

2. In order to appreciate the grievance of the appellant a few relevant facts leading to this appeal deserve to be noted at the outset.

Background Facts 3. The appellant who was accused No.1 along with two other accused Piara Singh and Charan Singh were charged with offences under Sections 302, 307, 325, 324, 323 read with Section 34 of the IPC on the allegation that on 11th January 1981 at about 6.00 p.m. in the area of village Nizamwala, in furtherance of their common intention which was to commit the murder of one lady Smt. Bholan, the appellant did commit murder of the aforesaid Mst. Bholan by intentionally causing her death where