1. - The instant cr. appeal has been filed by the accused appellant Dev Raj under Section 374(2) of the Cr.P.C. against the judgment dated 2.8.1991 passed in Sessions Case No.4/91 whereby the accused appellant was convicted under Section 304 Part II and under Section 325 IPC and following punishments were awarded against him:

"Under Section 304 Part II IPC : 3 years RI and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo 6 months SI

Under Section 325 IPC : 3 years RI and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo 3 months SI."

2. As per the facts of the case the statement of PW-1 Khuba Ram were recorded in the hospital by constable PW-6 Om Prakash upon that FIR No.203/90 (Ex.P/1) was registered at Police Station Purani Aabadi, Sri Ganganagar under Section 307/325 and 323/34 IPC against the appellant and other three persons in which an allegation was leveled by the complainant PW-1 Khuba Ram that in the evening of 7th Nov., 1990 at about 8.30 p.m. when he was standing upon the street in front of Chhabara Flour Mill, the appellant was passing through the way, at that time, the complainant PW-1 Khuba Ram rai