JAGAT NARAYAN, J.

( 1 ) BAL Chand respondent was tried of charges under Sections 302, 326 and 380 I. P. C. for having committed the murder of one Nath Mal in his shop at village Sadri at about 3 p. m. on 19-9-55, for biting of a portion of his wifes nose on the same day inside his own house, and for stealing the dagger Ex. 7 with which the murder was committed from the shop of one Kundan Mal Kharnia on the same day. Bal Chand admitted having killed the deceased at the time and place as alleged by the prosecution, but pleaded that his case was covered by Exception 1 to Section 300 I. P. C. The learned Additional Sessions Judge believed the version of the occurrence put forward by him and convicted him only under Section 304 (part I) I. P. C. and sentenced him to undergo rigorous imprisonment for 5 years. He also convicted him under Section 335 I. P. C. and sentenced him to undergo rigorous imprisonment for one year. He acquitted him of the charges under Sections 302 and 380 I. P. C. The State has filed the present appeal against his acquittal under Section 302 I. P. C.

( 2 ) WE have heard the learned Deputy Government Advocate and the learned counsel for the respondent and