Culpable homicide not amounting to murder under Section 304 Part-I IPC is a lesser offence than murder under Section 302 IPC. Culpable homicide not amounting to murder is committed when the offender causes the death of another person without premeditation and in the heat of passion upon a sudden quarrel.

1. - Judgment of conviction and order of sentence dated 19.11.2005, passed by the learned Additional Sessions Judge, Deedwana Distt. Nagaur in Sessions Case No. 4/2005 is in challenge in this appeal.

2. By the impugned judgment of conviction and order of sentence aforesaid the learned trial Judge, convicted the appellant under Section 302 of the Indian Penal Code (hereinafter called as 'the I.P.C.') and sentenced him for life term imprisonment and fine amounting to Rs. 2,000/-, in event of default in payment of fine to suffer another three months rigorous imprisonment. Being aggrieved by the said conviction and sentence, the convict appellant has preferred this appeal.

3. The prosecution case is unfolded at the trial, in brief, may be stated as follows:

The present case involves the killing of Sri Shravan Singh S/o Ummed Singh (hereinafter referred to as 'the deceased ) by the appellant accused.

4. On 8.7.2004 at about 12.20 P.M. deceased Shravan Singh reached at bus stand Singirwatkala, at that time accused Ajmal Singh came there and inflicted a knife blow to Shravan Singh from back side. Due to it Shravan Singh became unconscious. Bhagwan Singh, Mangesh Singh and Gulab Chand Soni intervened and shifted Shravan Singh to Deedwana but the Doctor referred him to Sikar and thereafter to Jaipur.

5. PW-4 Bhagwan Singh lodged a written report Ex.P-1 regarding this incident at Police Station Deedvvana on the same day. Police after receiving the F.I.R., registered a case being F.I.R. No. 111/2004, under Section 307 I.P.C. and launched investigation into the matter.

6. During investigation Shravan Singh was medically examined, statements of witnesses were recorded and rough site plan of place of incident and site inspection memo was were also prepared, controlled soil and blood stained soil were taken from the place of incident. The foot wears of injured Shravan Singh, the blood stained garments of injured were also seized. During course of treatment injured Shravan Singh died, hence the investigation was converted from 307 I.P.C. to 302 I.P.C. Accused Ajmal Singh was arrested and on information submitted by him, a leaf of scissor was recovered. The rough site plan of place of recovery was prepared after conducting post mortem of dead body the post mortem report was taken on record, inquest report and dead body description memo were also prepared. The seized articles were sent to F.S.L. Jodhpur for examination. At the close of investigation, police submitted a charge-sheet against the accused for the offence under Section 302 I.P.C. before the Court of learned Addl. Sessions Judge, Deedwana Distt. Nagaur on 9.9.2004.

7. The offence under Section 302 I.P.C. being exclusively triable by the Court of Addl. Sessions Judge, Deedwana. After compliance the provisions envisaged under Section 207 Cr.P.C., committed the case to the Court of learned Addl. Sessions Judge, Deedwana (hereinafter referred as learned trial Court) and the learned trial Court after hearing the Addl. Public Prosecutor and learned counsel for the accused framed the charge under Section 302 I.P.C. vide its order dated 25.1.2005 against accused to which, latter pleaded not guilty and claimed to be tried.

8. In order to prove its case, the prosecution examined as many as 16 witnesses.

9. At the conclusion of the prosecution evidence, the accused person was examined by the learned trial Court under Section 313 Code of Criminal Procedure (for short Cr.P.C'). The accused denied the allegations, brought against him and did not choose to adduce any evidence in his defence. His plea was a total denial one.

10. After hearing the Addl. Public Prosecutor and learned counsel for the accused and considering the evidence on record, the learned trial Court found the appellant guilty for the offence under Section 302 I.P.C. and accordingly, convicted and sentenced the accused, as indicated above.

11. Being aggrieved, the convict, who has been suffering the sentence as appellant, has preferr