R. K. GAUBA, J:

1. The appellant Naik Satya Narain was held guilty and convicted by the court of Additional Sessions Judge by judgment dated 15.05.1999 on the charge for an offence punishable under Section 304 Part-II of Indian Penal Code, 1860 (IPC) for causing death of Balbir Singh son of Ramji Lal (“the victim”) on 01.07.1992 as a result of injuries allegedly suffered in an incident that had occurred on 28.06.1992. Naik Satya Narain challenges the said judgment through criminal appeal number 50/2000.

2. By order dated 17.05.1999, the convicted appellant was sentenced to fine of Rs.5000/- in default Rigorous imprisonment for six months. Feeling dissatisfied with the said order, criminal revision petition no. 310/1999 has been preferred by Om Prakash son of Mahabir Singh (PW-1), nephew of the victim, praying that the conviction to be converted into one for offence under Section 304 Part-I IPC and punishment commensurate therewith to be awarded.

3. Since the appeal and the revision petition arise out of the same judgment and order, they have been heard together and are being decided through this common judgment.

4. On 28.06.1992, Balbir Singh son of Ramji Lal aged about 33