JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court at Gwalior Bench. The appellant was convicted by learned First Additional Sessions Judge, Bhind, for offence punishable under Section 302 read with Section 109 or in the alternative under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’). He was sentenced to undergo imprisonment for life.

3. The High Court by the impugned judgment altered the conviction to section 304 Part I IPC read with Sections 109 and 34 IPC. He was sentenced to undergo imprisonment for 5 years and to pay a fine of Rs.20,000/- with default stipulation.

4. Prosecution version in a nutshell is as follows:

Report Ex.P/1 was lodged by complainant Lakhansingh (PW1) according to which on 31.5.1990 his cousin Pappu had some altercation with Kanthshree (DW1), sister-in-law of appellant. Due to that incident when on 1.6.1990 at 6.00 a.m. Pappu was going to answer call of nature, he was surrounded by appellant Ranveer Singh and his son Munnu alias Prithviraj and was thrashed to ground. When he shouted, complainant Lakhansingh (PW 1), Va