1. - Udasingh has been convicted by the learned Sessions Judge, Jalore for the offence Under Section 304, Part II, IPC and sentenced to five years' rigorous imprisonment and a fine of Rs. 1500/, in default of payment of fine he is to undergo rigorous imprisonment for two years. Further it was ordered that if the fine was realised then it should be paid to the heirs of deceased Bhanwarsingh. Two appeals have been preferred against this judgment dated June 5, 1982. Accused Udaisingh has preferred a jail appeal against his conviction while the State has preferred an appeal for securing his conviction Under Section 302, IPC. Both these appeals are being disposed of by this judgment and Udaisingh shall, here in after be referred to as the appellant.

2. Appellant Udaisingh was running a hotel of meat and 'Roti' at Bhinmal in a room arranged by PW 2 Mohanlal. He had also arranged for the utensils and the necessary furniture for this purpose. On January 6, 1982, at about 8 p.m. deceased Bhanwarsingh son of Bhoorsingh, Constable of Bhinmal and PW 13 Bhanwarsingh son of Bhagatsingh of Ledhermed, who had come to Bhinmal to attend some court hearing together, went to the appellant for