JUDGMENT - M.G. CHAUDHARI, J.:---When the appeal was placed for admission before me, I found it necessary to call for the record and proceedings and after perusing the same I am of the view that the appeal can be disposed of at this stage itself and need not be kept pending for years. Accordingly I have admitted the appeal. The learned Prosecutor waived notice and by consent the appeal was taken on board and is finally heard. The appellant is also present.

2. This appeal is directed against the judgment and order passed by the learned 8th Additional Sessions Judge, Thane on 29th June, 1992 convicting the appellant for the offence punishable under section 304 Part-II of the Indian Penal Code for which he has been sentenced to suffer rigorous imprisonment for five years.

3. The incident occurred in somewhat unfortunate circumstances. The appellant is a student and is presently reading for M.Com. examination. At the time of the incident he was a school going boy. Deceased Jaswant Singh Jogendra Singh Ramgadiah as well as the appellant were residents of Camp No. 3, Ulhasnagar. Both of them were working as labourers in the workshop of one Manvirsingh. The houses of both the parties were

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