JUDGMENT

G.P. Mathur, J. — These appeals, by special leave, have been preferred against the judgment and order dated 28.9.2004 of Bombay High Court by which the appeal preferred by the appellant against his conviction under Section 304 Part I IPC and sentence of 7 years R.I. and a fine of Rs. 200/- awarded by the learned Additional Sessions Judge, Jalgaon in Sessions Case No. 145 of 1987, was dismissed and the appeal preferred by the State of Maharashtra was allowed and his conviction was altered from 304 Part I to Section 302 IPC and he was sentenced to imprisonment for life.

2. The case of the prosecution, in brief, is that the appellant Arun Nivalaji More was working as a licensed commission vendor in the catering unit at Bhusawal Railway Station. He absented from duty with effect from 3.11.1986 and reported back for work after more than two months on 6.1.1987 on which date he gave an application giving reasons for his absence from duty. In this application he stated that he had gone home on account of illness of his wife and subsequently he was arrested by police in connection with some criminal case and after being released on bail he had reported for duty. PW-1 Pramod Uniyal,