( 1 ) THIS appeal is directed against the judgment dated 10/05/1988 passed by the learned Additional Dist. and Sessions Judge, No. 1, Hanumangarh (Camp Sangaria) in sessions case No. 63/87 whereby the appellant Babu Singh was con victed u/sec. 302 IPC and sentenced to imprison ment for life and to pay a fine of Rs. 250. 00. In default of payment of fine he was awarded further one month imprisonment.

( 2 ) THE facts of the case need not to be given in detail as the learned counsel appearing for the appel lant has restricted his argument on the question of offence committed by the appellant. The argument of the learned counsel is that taking into consider ation all the facts and circumstances of the case, the appellant can be held liable for the offence under Section 304-II, IPC and not under Section 302 IPC. To appreciate the above argument, the neces sary facts of the case may be given.

( 3 ) THE incident had taken place on 5/03/1987. As per the prosecution case, at about 10 p. m. on 5-3-87 deceased Makhan Singh had gone to see ramleela which was going on in his village Morjand Sikhan. His nephew Kashmir Singh (P. W. 2) and his wife Smt. Jasveer Kaur had also gone with hi