( 1 ) ). Whether the appellant, original accused No. 1, is guilty of man-slaughter and if yes, whether he is liable to be punished under Sec. 302 or under Sec. 304 of the Indian Penal Code (I. P. C.), in the light of the appreciation of the prosecution evidence and the defence propounded in the further statement under Sec. 313 of the Code of Criminal Procedure, 1973 (Cr. P. C.) and what should be the quantum of sentence if the guilt is established, are some of the important questions, which have surfaced in this appeal under Sec. 374 (2) of the Cr. P. C. at the instance of the appellant-original accused No. 1 (henceforth accused), questioning the legality and validity of the conviction and sentence under Sec. 302 of the I. P. C. recorded by the learned Additional Sessions Judge, Banaskantha, at palanpur on 31-3-1992 in Sessions Case No. 1 of 1991.

( 2 ) A conspectus of a few material facts giving rise to the appeal may be narrated, at the outset. The prosecution case has been that on 16-9-1990, at about 8. 00 a. m. one Bhanji Ramji, father-in-law of prosecution witness 5 Hirji Manji had died, at village Ratda. Therefore, prosecution witness No. 5, the complainant bhi