JUDGMENT :

M.Y. Eqbal, J.

This appeal by the appellant State is directed against the judgment and order dated 15.09.2008 passed by the High Court of Rajasthan at Jodhpur in D.B. Criminal Appeal No. 630 of 2004, whereby Division Bench of the High Court partly allowed the appeal of the accused-respondent and altered his conviction from Section 302 of the Indian Penal Code (IPC) to Section 304 Part-I, IPC and sentenced him to a period of eight years rigorous imprisonment and fine of Rs.50,000/-.

2. Facts in brief of the present case are that one Ram Chandra filed a report Ex.P-13 before the Superintendent of Police, Nagaur on 16.6.2001 stating inter alia that on the same day, when he and Mangla Ram were going from Bodwa to Dadariya Khurd for attending 'maira', one suzuki motorcycle came from the back side at a distance of ten kilometers away from Kuchera. Mangla Ram, who was sitting on the back side of the motorcycle, cried that someone from the suzuki motorcycle has fired upon him. Thereupon, he saw that accused Ram Kailash and driver Mangi Lal were on the suzuki motorcycle. Accus