( 1 ) THE appellant has been convicted of an offence under Section 304 Part Ilindian Penal Code by Additional Sessions Judge New Delhi, vide her -judgment dated 29th May 1978 and vide her order dated 31st May, 1978, he has been sentenced to rigorous imprisonment for two years and a fine of Rs 2,000, in default of payment of fine he has been awarded further rigorous imprisonment for six months. However, in the event of the fine being realised, half of the amount has been directed to be paid to the legal heirs of Nathi, deceased. Feeling aggrieved the appellant has preferred this appeal against his conviction and sentence.

( 2 ) THE appellant, Rameshwar, alongwith six others, namely, Rati Ram, Fateh Singh, Bhagirath, Chander, Ram Pal and Hem Raj, all residents of village Jharera within the jurisdiction of Police Station Delhi Cantt. were committed to stand trial for offences under Sections 148, 323 and 302 read with Section 149 Indian Penal Code for having caused death of Nathi deceased of the same village and having caused hurt to Ram Sarup, Budh Ram etc. on the evening of 21st April 1974, at the aforesaid village. The prosecution version as unfolded by Ram Sarup, PW2, suc